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 LGBT Engayged Ring Shirt different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids. 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.
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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 LGBTQ+ individuals based on the text alone. In an LGBT Engayged Ring Shirt 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. I 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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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 LGBT Engayged Ring Shirt 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 a conservative politician to take. They can argue that they aren’t supporting “the gays” but they just aren’t being sexiest. Of course, I’d prefer a liberal justice, but Gorsuch is far better than Kavanaugh.
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