Discussion: Supreme Court Will Take Up LGBT Job Discrimination Cases In The Fall

Uh oh. This Court doesnā€™t take the cases that most need adjudication, they takes the ones where they most want to make a point. With its current make-up, we should be worried about what that portends for civil rights.

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ā€œCongress was not thinking about transgender people when it included sex discrimination in Title VIIā€
Again, here comes the dumbest argument. Sadly, this time thereā€™re five idiots who support it.

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Gee, that sounds like the dreaded ā€˜judicial activismā€™.

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Maybe Barty will be too drunk to show up?

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Heā€™ll be trapped in the devilā€™s triangle with Trump and Barr.

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Given the precedent set by Obergefell, this could be decided on the basis of equal rights under the 5th and 14th Amendments.

Despite the conservative majority, I am reasonably hopeful.

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I donā€™t think thereā€™s any doubt at all as to how the court will decide these three cases. I willing to wager all three will be 5-4 against LGBT people. Where do I put my money down?

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Gay and Transgender are not the same thing. People have rights as men and women. Nowhere in the Constitution or any law is there a mention of people who refuse to adjust to their birth gender as having rights.

ā€œRefuseā€? I hope thatā€™s not the word you were looking for.

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Every person has the same civil rights under the US Constitution.

You need to reassess your prejudices and your fears.

Your comment is despicable and repulsive.

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Letā€™s not forget uninformed and really ill-thought-out. (Texas was, ironically, the first state to issue marriage licenses to same-sex couples because of just this kind of toxic reasoning.)

I could foresee this court ruling against LGBT rights as a way of destroying employee rights in generalā€¦

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I would say, quoting the scientist about a poorly thought-out hypothesis, itā€™s ā€œnot even wrongā€.

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Exactly. You serve at the pleasure of your lord and master. If you donā€™t like it, get another job.

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Show yourself to the door.

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Yup, took a quick look and see that the Fifth and Fourteenth Amendments referenced by @thunderclapnewman talk about ā€œpersons,ā€ which clearly excludes transgender individuals who cannot possibly be considered to be ā€œpersonsā€ when they so blatantly violate the precepts of natural law by ā€œ[refusing] to adjust to their birth gender.ā€

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And we all know that Roberts, Alito, Gorsuch and Kavanaugh are strong advocates for judicial precedent because thatā€™s what they told us in their confirmation hearings. But sometimes you are forced to overrule precedent when it is so clearly wrong as a matter of law and logic, i.e., it offends your sincerely held religious beliefs. You are showing much more confidence in this Court than I have. Even if they donā€™t overrule Obergefell they very well may not expand its protection.

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Itā€™s Roberts that we need to deal with here.

The others are a lost cause.

But Roberts is very concerned about his legacy, and he doesnā€™t want to tarnish it.

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There were some on the Left who were pleading with voters who fell into the ABC (anyone but clinton) category Nov. 2016 that even if you didnā€™t like Clinton, think of how their vote counted towards SCOTUS selection.

The ABCā€™ers responded that they would not be pushed into a guilt trip on voting for SCOTUS and that they would vote their conscience.

huh.

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Or in jail. One can hope.

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