Not that I expect it to happen as things are too polarized, but can Congress write a law that supersedes todays ruling? I would think so but I don’t see it ever happening.
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Yes, Congress can amend its own statute to add a caveat of "unless that sex discrimination is because the menfolk wanna love who the womenfolk should be lovin, and vice versa"
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It decided an employer does not a higher status in declaring an employees sex than the employee themself. In no way does it define what constitutes a woman. Pretty thin reading of the decision. Like a side Issue half examined.
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I was wondering how long it would take for the pearl clutchers to rise up on this.
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This is a much less clever argument than you think. The court presupposed nothing about the nature of sex and gender; if there is an "unintended consequence", it's that dress codes and other rules now need apply to all employees, regardless of gender. Not a big deal. Good, even.
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