I understand the arguments about textualism and how the "man brings his husband to the party vs. a woman" makes this a sex discrimination problem...
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I don't have a problem with LGBT protections. I just think Congress should have written them into law instead of pretending sexual orientation or gender identity was something Congress in the 60s intended to protect.
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The bottom line is protections against discrimination for sexual orientation and gender identity came to exist in this country without a legislative body debating and agreeing to enact them. Which is how these things are supposed to be brought about.
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I understand how this logic brings about Gorsuch's conclusion. I still think the right thing to do was to leave it to Congress. https://twitter.com/lawyeron/status/1272578626018517003 …
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What I find more unpersuasive about the textualism argument is the insinuation it necessitated Gorsuch's reasoning. He wasn't forced to reach this conclusion, he wanted to.
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In what world are enough Republicans voting for that in Congress?
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That's the cross to bear on those wanting to change laws
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Sooo many issues where Congress is too cowardly to actually do their job.
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If you believe this, you should've been rooting for Democrats to propose this legislation and put Republicans on record being against gay rights. Instead, you have 2 GOP appointed judges getting this over the finish line with Trump's appointee writing the decision.
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For me it depends on the job/institution. Religious organizations have every right not to hire or to fire someone whose behavior they deem sinful. They fire heterosexuals who commit adultery.
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