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. That’s already covered under Title VII, Gorsuch mentions a case of sexual harassment between two men that the Court ruled as a violation of Title VII decades ago. A huge part of his argument is that the Court has long held that, with Title VII, the law’s scope extended beyond the ‘principal evil'(sexism in the conventional sense) that the lawmakers intended to address. To LGBT Unicorn Eff You See Kay Why Oh You Heart Shirt rule otherwise would risk undoing tons of precedent and severely limiting the scope of Title VII. Honestly,
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A good amount of decisions I’ve seen in the news Gorsuch has been crossing the aisle. Realistically he seems like the ideal kind of justice if our country was running as it should. He’s not gonna stretch the letter of the law to a significant degree which makes sense – we voted for politicians who put those laws in place and the court should just be there to ensure they are followed as intended. We don’t live in an ideal world and sometimes a liberal court decision can be nice to LGBT Unicorn Eff You See Kay Why Oh You Heart Shirt help fix a problem (hello Roe v. Wade), but I’m not gonna complain unless it feels like justice is taking liberties with the law in a way that hurts people. Gorsuch is a proponent of originalism, the idea that the Constitution should be interpreted as perceived at the time of enactment, and of textualism, the idea that statutes should be interpreted literally, without considering the legislative history and underlying purpose of the law.
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Imagine an employer who has a policy of firing any employee known to be homosexual. The employer hosts an office holiday party and invites employees to LGBT Unicorn Eff You See Kay Why Oh You Heart Shirt bring their spouses. A model employee arrives and introduces a manager to Susan, the employee’s wife. Will that employee is 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 LGBT Unicorn Eff You See Kay Why Oh You Heart Shirt 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, intentionally treat an employee worse based in part on that individual’s sex.
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