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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 a liberal court decision can be nice to help fix an I Am The Walrus Goo Goo G’joob Lgbt Shirt 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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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 I Am The Walrus Goo Goo G’joob Lgbt Shirt 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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