Today, we must decide whether an employer can fire someone simply for being homosexual or Original LGBT Spread Love Not A Virus Shirt transgender. The answer is clear. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids. Firing someone for being gay or transgender is quite simply (biological) sex discrimination. 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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The employer hosts an office holiday party and invites employees to bring their spouses. If Original LGBT Spread Love Not A Virus Shirt 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. 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.
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There was a story a while ago about a boarding school in England with a strict dress code of Original LGBT Spread Love Not A Virus Shirt 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. 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…
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