Thread: Gorsuch Decision, Explained (I read it)
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Old 06-17-2020, 03:02 PM   #6
Flint
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Join Date: Mar 2006
Location: Dystopia
Posts: 13,136
Quote:
Originally Posted by Happy Monkey View Post
Scalia's objection was that men and women were equally allowed to be heterosexual, so where's the discrimination?
Title VII doesn't define the limits of discrimination between classes of people, it only refers to the individual in each case. To define an individual as having hetero- or homo- sexuality, you necessarily have to include their "sex" in that determination. And because "sex" is a "but-for" cause (but-for "sex" the outcome would be different), you can't discriminate based on that. This is a law that has been on the books for 56 years.
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