“Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. The answer is clear. An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays an Awesome SpongeBob LGBT Pride 2020 Shirt, exactly what Title VII forbids.”Which is damned well the correct interpretation. Firing someone for being gay or transgender is quite simply (biological) sex discrimination. I posted this elsewhere in the thread, but Gorsuch’s argument is interesting in that it makes no effort to defend homosexuality other than by showing that homosexual or transgender discrimination cannot happen without sexual discrimination.
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Imagine an employer who has an Awesome SpongeBob LGBT Pride 2020 Shirt. The employer hosts an office holiday party and invites employees to bring their spouses. A model employee arrives and introduces a manager to Susan, the employee’s wife. Will that employee be fired? If the policy works as the employer intends, the answer depends entirely on whether the model employee is a man or a woman. To be sure, that employer’s ultimate goal might be to discriminate on the basis of sexual orientation. But to achieve that purpose the employer must, along the way, intentionally treat an employee worse based in part on that individual’s sex.
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Gorsuch is an Awesome SpongeBob LGBT Pride 2020 Shirt. The Civil Rights Act states that you cannot discriminate based on sex, but nothing about sexuality. I think his argument is the only logical way one could conclude that the Civil Rights Act’s protections extend to LGBTQ+ individuals based on the text alone. In an ideal world, Congress would have just passed a law extending these protections a long time ago. You literally cannot discriminate based on sexual orientation without discriminating based on sex. A man can come to work wearing sneakers but a woman cannot.
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