I'm not sure why number 2 isn't a slam dunk since federal law says nothing about orientation, just biological sex.
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Atheism is the cult of death, the death of hope. The universe is doomed, you are doomed, the only thing that remains is to await your execution...
https://www.youtube.com/watch?v=Jbnueb2OI4o&t=3sTags: None
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Originally posted by seer View PostI'm not sure why number 2 isn't a slam dunk since federal law says nothing about orientation, just biological sex.
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Originally posted by Terraceth View PostThe primary argument is that if you would fire a male employee for being in a relationship with a man (homosexual), but would not fire a female employee for being in a relationship with a man (heterosexual), that is therefore discriminating based on sex because the firing is dependent on the sex of the individual. If they were of the opposite sex, the firing would not have happened; ergo, discrimination based on sex.Atheism is the cult of death, the death of hope. The universe is doomed, you are doomed, the only thing that remains is to await your execution...
https://www.youtube.com/watch?v=Jbnueb2OI4o&t=3s
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He missed the first day of oral arguments but is expected to participate when he returns this term."He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot
"Forgiveness is the way of love." Gary Chapman
My Personal Blog
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Originally posted by shunyadragon View PostClarence Thomas is absent due to illness for the present term, which may complicate things.
I'm always still in trouble again
"You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
"Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
"Of course, human life begins at fertilization that’s not the argument." --Tassman
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Originally posted by seer View PostA stretch, the law was intended to apply to ones biological sex. Not being discriminated because you were female or male. Who you had sex with, or not, never entered in.
I'm always still in trouble again
"You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
"Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
"Of course, human life begins at fertilization that’s not the argument." --Tassman
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Originally posted by rogue06 View PostBack in my college days when I took several law classes just because, one of the professors had a hard time getting several of those in the class to understand that just because you may think it is wrong to discriminate against a group does not make it illegal unless they are explicitly listed as being protected by law. In fact, in the final there were two questions dealing with that in the multiple guess section. One listed various groups and you had to pick the one expressly mentioned as not being able to discriminate against whereas the other listed various groups and you had to pick the one that wasn't expressly protected from being discriminate against.Atheism is the cult of death, the death of hope. The universe is doomed, you are doomed, the only thing that remains is to await your execution...
https://www.youtube.com/watch?v=Jbnueb2OI4o&t=3s
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Originally posted by seer View PostExactly, if they want federal protections for orientation (which most states have I believe) let them follow the legislative process, not by judicial fiat.
I'm always still in trouble again
"You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
"Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
"Of course, human life begins at fertilization that’s not the argument." --Tassman
Comment
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Originally posted by rogue06 View PostAs we see with their treatment of the Constitution many on the left reject that process preferring to simply to twist what is explicitly written to mean whatever they want at any given moment rather than going through that yucky, boring process of amending it.Atheism is the cult of death, the death of hope. The universe is doomed, you are doomed, the only thing that remains is to await your execution...
https://www.youtube.com/watch?v=Jbnueb2OI4o&t=3s
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Originally posted by Teallaura View PostHe missed the first day of oral arguments but is expected to participate when he returns this term.Atheism is the cult of death, the death of hope. The universe is doomed, you are doomed, the only thing that remains is to await your execution...
https://www.youtube.com/watch?v=Jbnueb2OI4o&t=3s
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Originally posted by seer View PostCan he still write an opinion even if he doesn't hear the oral arguments?"He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot
"Forgiveness is the way of love." Gary Chapman
My Personal Blog
My Novella blog (Current Novella Begins on 7/25/14)
Quill Sword
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Originally posted by seer View PostA stretch, the law was intended to apply to ones biological sex. Not being discriminated because you were female or male. Who you had sex with, or not, never entered in.
This isn't without precedent. Price Waterhouse v. Hopkins took a case where a female employee alleged they were passed over for promotions because they didn't act how their employer thought a female should act, but that they would have had no problem with a male doing the same way--in other words, if you were to simply flip their gender over, a different outcome would occur and violates the law. Even the dissent (Kennedy/Rehnquist/Scalia) in that case didn't seem to take an issue with the idea that this was a violation of the law, the contention was about what had to actually be proven, with concerns that do not seem to apply in this case.
I thought it was pretty silly to claim the Civil Rights Act prohibits discrimination based on orientation before, but in the last day or two I think there actually is a fairly reasonable textualist case that firing someone for being a homosexual is a violation of the law. Which explains why Gorsuch, probably the staunchest textualist on the court, appeared very receptive to the plaintiff in the oral argument.
(Note everything I just wrote applies to the homosexual discrimination case, not the transgender discrimination case, which I think brings up considerations not present in the homosexual case)
Originally posted by seer View PostCan he still write an opinion even if he doesn't hear the oral arguments?
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It's been three days - a head cold can last longer than that."He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot
"Forgiveness is the way of love." Gary Chapman
My Personal Blog
My Novella blog (Current Novella Begins on 7/25/14)
Quill Sword
Comment
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