Today, we must decide whether an Top Rainbow Heartbeat Gay And Lesbian LGBT Shirt can fire someone simply for being homosexual or transgender. The answer is clear. An conquests employer who fires an individual for being homosexual or transgender fires that person for traits. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids. I posted this elsewhere in the thread. Can’t find the exact article now, but there’s a bunch of similar stories and different ways schools have ruled.
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Imagine an employer who has a policy of firing any Top Rainbow Heartbeat Gay And Lesbian LGBT Shirt known to be homosexual. The employer hosts an office holiday party and introduced employees to bring their spouses. 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. But to achieve that purpose the employer must, along the way, intentionally. 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 a skirt.
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Gorsuch is a strict textualist. The Civil Rights Act states that Top Rainbow Heartbeat Gay And Lesbian LGBT Shirt cannot discriminate based on sex, but nothing about sexuality. Brady think his argument is the only logical way one could conclude that the Civil Rights Act’s protections extend to LGBTQ+ individuals based on the text alone. In an ideal world, Congress would have just passed a law extending these protections a long time ago. I think Gorsuch’s interpretation shows that no such extension is needed (not to say I wouldn’t support it). You literally cannot discriminate based on sexual orientation without discriminating based on sex.
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