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I posted this elsewhere in the thread, but Gorsuch’s argument is interesting in that it makes no effort to defend homosexuality other Happy Koala LGBT pride flag Ekoalaity Shirt than by showing that homosexual or transgender discrimination cannot happen without sexual discrimination. 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. 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 employer must, along the way, intentionally treat an employee worse based in part on that individual’s sex.

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Gorsuch is a strict textualist. The Civil Rights Act states that you cannot discriminate based on sex, but nothing about sexuality. I think his argument is the only logical way one could conclude that the Civil Rights Act’s protections extend to individuals based on the Happy Koala LGBT pride flag Ekoalaity Shirt text alone. In an ideal world, Congress would have just passed a law extending these protections a long time ago. 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. I can’t find the exact article now, but there’s a bunch of similar stories and different ways schools have ruled. As an outside observer that followed the drama for both, I agree.

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Gorsuch seemed surprisingly reasonable when he was picked, considering the fact that they stole that seat and seem hellbent on destroying institutions. Justice Kennedy’s retirement and Kavanaugh’s appointment was them correcting their mistake. Honestly, a good amount of Happy Koala LGBT pride flag Ekoalaity Shirt 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. This makes sense – we voted for politicians who put those laws in place and the court should just be there to ensure they are followed as intended. We don’t live in an ideal world and sometimes a liberal court decision can be nice to help fix a problem, 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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