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 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. But to achieve that purpose the Official LGBT Bee Kind White Shirt employer must, along the way, intentionally treat an employee worse based in part on that individual’s sex. Gorsuch is a strict textualist. The 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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There was a story a while ago about a boarding school in England with a strict dress code of pants or skirts. A male student was getting uncomfortably hot wearing long pants, so he started coming to school in an Official LGBT Bee Kind White Shirt skirt. I can’t find the exact article now, but there’s a bunch of similar stories and different ways schools have ruled. 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.
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There was a story a while ago about a boarding school in England with a strict dress code of pants or skirts. I can’t find the exact article now, but there’s a bunch of similar stories and different ways schools have ruled. Honestly, a good amount of decisions I’ve seen in the news Gorsuch has been crossing the aisle. Realistically he seems like the ideal kind of justice if our country was running as it should. We don’t live in an ideal world and sometimes an Official LGBT Bee Kind White Shirt liberal court decision can be nice to help fix a problem (hello Roe v. Wade), but I’m not gonna complain unless it feels like justice is taking liberties with the law in a way that hurts people.
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