In Bostock LQBTQ dissent, Justice Kavanaugh throws a compliment to LGBTQ activists ... and sends signal he won’t apply heightened scrutiny in LGBTQ Constitutional cases because the LGBTQ has political clout.pic.twitter.com/cMwXBHEX2y
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It’s an important point because the Supreme Court has traditionally only provided heightened scrutiny to laws directed at groups who are politically powerless. Justice Kennedy notably never took a position on what level of scrutiny to apply to LGBTQ.
Anti-gay conservatives have been beating this “LGTBQ people have all the power” drum for some time. Scalia hit these notes in his Romer, Lawrence, and Obergefell dissents. Expect more from Kavanaugh in future cases seeking religious exemptions to permit LGBTQ discrimination
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