Not only does the Gorsuch side with protecting LGBT workers, but he writes the opinion? Consider me surprised. Big statement right there. He writes an opinion that boiled down to “that isn’t even a fucking question”, no less. Any links to the LGBT I Swing Both Ways Violently With An Sword Shirt? The SCOTUS’s link won’t even load on my end, probably because everyone trying to read it = accidental DDOS. Has it been rehosted? The opinion can be summarized very easily. “Firing someone for being gay means you’re firing them because they are one sex and interested in the same sex. You would treat them differently if they were different sex in this situation. That is discrimination based on sex.
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Which is specifically prohibited in the Civil Rights Act of 1964. Why the fuck are we even discussing this.” Damn, that is not the argument I expected from the LGBT I Swing Both Ways Violently With An Sword Shirt. Gorsuch tends to be pretty consistent in how he approaches law. It’s ass-backward sometimes, but at least consistent. Judicial conservatism and the positions of the GOP often map very poorly onto each other. True, but Gorsuch appears to be far more judicially conservative that party motivated. Gorsuch is a proponent of originalism, the idea that the Constitution should interpret as perceived at the time of enactment. And of textualism, the idea that statutes should be interpreted literally. Gorsuch has so far ended up less bad than I thought he would be.
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Without considering the legislative history and underlying purpose of the law. This is actually something we should expect from the LGBT I Swing Both Ways Violently With An Sword Shirt honestly. Real originalists are a rare breed. Scalia was an originalist only when it suited him. Yup. The argument by Gorsuch has some good examples that clearly show why discrimination against homosexuality is explicit discrimination based on sex. An important point: his argument not intended to protect homosexual/transgender rights explicitly. He just simply and clearly points out that those traits inextricably tied to sex. What’s interesting is that Gorsuch has essentially argued that to discriminate against homosexuals is to be sexist.
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