Gorsuch turns lib with Roberts, rules federal law protects gay workers
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Poast new message in this thread
Date: June 15th, 2020 10:40 AM Author: startled resort
this is such a terrible decision. it’s a two-part inquiry: (1) does the text of the statute clearly decide the issue, and (2) if not, does the legislative history clearly indicate congress’s intent? the text is obviously not clear; there are reasonable interpretations on both sides. on one hand, if you would fire a woman for dating a woman but not a man, you could reasonably see that as discrimination on the basis of sex. but on the other hand, it’s also reasonable to think that if you would fire both a gay woman and a gay man under the same circumstances, then it’s *not* discrimination on the basis of sex. so you go to the legislative history, and congress clearly didn’t intend this result.
what the fuck were these cucks thinking?
(http://www.autoadmit.com/thread.php?thread_id=4560838&forum_id=2,#40420040) |
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Date: June 15th, 2020 4:40 PM Author: startled resort
imagine a hypothetical gay employee where all of the employee’s characteristics are fixed except for sex. in the situation where the employee is a man, the employer would fire him because he’s gay. in the situation where the employee is a woman, the employer would fire her because she’s gay. how could that be discrimination *on the basis of sex* when the employer treated the employee the exact same way irrespective of the employee’s sex?
i’ll concede that reality may not always play out this way. there’s probably more animus toward gay men than gay women, and if an employer fires a gay man when the employer wouldn’t have fired a gay woman in the same circumstances, that’s discrimination on the basis of sex. but discrimination against gays isn’t categorically discrimination on the basis of sex.
and keep in mind that all i have to do is show that the above interpretation is reasonable in order for the court’s decision to be wrong. as long as there’s reasonable disagreement about the statute’s meaning, we move on to legislative history and the gays instantly lose.
(http://www.autoadmit.com/thread.php?thread_id=4560838&forum_id=2,#40423140) |
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Date: June 16th, 2020 2:09 AM Author: Primrose hilarious dilemma
Can't we distinguish on the facts alone?
Loving involved action (refusal to do something) based purely on racial grounds. Whereas here we have a private business's religious belief coming into apparent conflict with the CRA.
I just don't like the courts deciding what are clearly issues for the legislature. Congress could have easily fixed this by updating the CRA to expressly include sexual orientation. This has pretty wide popular support and would be a relatively easy win for the Dems.
(http://www.autoadmit.com/thread.php?thread_id=4560838&forum_id=2,#40426455) |
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Date: June 16th, 2020 2:41 AM Author: lavender fiercely-loyal keepsake machete pozpig
How is a prohibition on mixed race marriages "based purely on racial grounds" but an action punishing someone for same sex attraction/action not based on sex?
"Congress could have easily fixed this by updating the CRA to expressly include sexual orientation"
I agree that would be a better solution for lots of reasons,
(http://www.autoadmit.com/thread.php?thread_id=4560838&forum_id=2,#40426544) |
Date: June 15th, 2020 11:04 AM Author: Odious tan theatre personal credit line
"On Monday, the US Supreme Court ruled in a 6-3 decision that a key provision of the 1964 Civil Rights Act protects LGBTQ employees from workplace discrimination. Chief Justice John Roberts joined the majority on the ruling."
LOL. We're done. Our court is stacked with libs
(http://www.autoadmit.com/thread.php?thread_id=4560838&forum_id=2,#40420220) |
Date: June 15th, 2020 11:55 AM Author: aphrodisiac tank
not sure what the big deal is: sure, conservative judges switch sides sometimes, but this is surely evened out by the amount of times liberal judges switch sides.
right?
(http://www.autoadmit.com/thread.php?thread_id=4560838&forum_id=2,#40420943) |
Date: June 15th, 2020 8:38 PM Author: razzmatazz office fanboi
we can't depend on the SCOTUS; we never could.
We need impeachment to be more common, we need states to nullify. Otherwise it's time to dust off the guns.
(http://www.autoadmit.com/thread.php?thread_id=4560838&forum_id=2,#40424602) |
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