“Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. The answer is clear. An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.” Gorsuch is a strict textualist. The LGBT It’s In Our DNA Shirt Civil Rights Act states that you cannot discriminate based on sex, but nothing about sexuality. In an ideal world, Congress would have just passed a law extending these protections a long time ago.
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Imagine an employer who has a policy of firing any employee known to be homosexual. The employer hosts an office holiday party and invites employees to bring their spouses. A model employee arrives and introduces a manager to Susan, the employee’s wife. Will that employee is fired? If the policy works as the employer intends, the LGBT It’s In Our DNA Shirt answer depends entirely on whether the model employee is a man or a woman. To be sure, that employer’s ultimate goal might be to discriminate on the basis of sexual orientation. he employer hosts an office holiday party and invites employees to bring their spouses. A model employee arrives and introduces a manager to Susan, the employee’s wife. Will that employee is fired?
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A huge part of his argument is that the Court has long held that, with Title VII, the law’s scope extended beyond the ‘principal evil'(sexism in the conventional sense) that the lawmakers intended to address. To rule otherwise would risk undoing tons of precedent and severely limiting the scope of Title VII. It’s a great stand for an LGBT It’s In Our DNA Shirt conservative politician to take. I know that judges aren’t politicians in the traditional sense (at least they shouldn’t be) but this sets up conservative politicians to take a stand in support of LGBT+ rights without taking a stand for LGBT+ rights. They can argue that they aren’t supporting “the gays” but they just aren’t being sexiest.