I posted this elsewhere in the thread, but Gorsuch’s argument is interesting in that it makes no effort to defend homosexuality other than by showing that homosexual or transgender discrimination cannot happen without sexual discrimination. Exactly, it’s the same with transgender people. If you fire Jane(born John) for wearing a dress but not Jill for wearing a dress that’s also sex discrimination. If a man wears a dress to work, though it does not identify as a woman… that seems like it would also be ok. (And to be honest, how crazy is it that Official LGBT Vs Donald Trump Shirt we as social care what kind of clothing people wear?).
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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 Official LGBT Vs Donald Trump Shirt different ways schools have ruled. And I completely agree with his argument. It’s an interesting one, and not one I think I’d put together at first blush. I can also see how it would have broader implications for sexism/harassment complaints that men bring against women.
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I agree with you with Official LGBT Vs Donald Trump Shirt one exception. Gorsuch tends to vote for the law as written as opposed to the law as intended. He even acknowledges in this opinion that the law as written may have had unintended consequences. “Firing someone for being gay means you’re firing them because they are one sex and interested in the same. You would treat them differently if they were different in this situation. That is discrimination based on, which is specifically prohibited in the Civil Rights Act of 1964. Why the fuck are we even discussing this.”
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