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Imagine an employer who has a policy of firing any employee known to Top Be Proud Of Who You Are LGBT Shirtbe 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.Will that employee be fired? 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. 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.

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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. 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 Top Be Proud Of Who You Are LGBT Shirt pants or skirts. A male student was getting uncomfortably hot wearing long pants, so he started coming to school in a skirt. 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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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. I can just imagine the laughter that would occur if I accused a female coworker of grabbing my ass in the mid-’60s. As an outside observer that followed the drama for both, I agree. Gorsuch seemed surprisingly reasonable when he was picked, considering the fact that they stole that seat and seem hellbent on destroying institutions. I agree with you with one exception. Gorsuch tends to Top Be Proud Of Who You Are LGBT Shirt 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.

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