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The Supreme Court surprises us with fairness in LGBTQ decision, but will it last? – Lynchburg News and Advance

Posted: July 4, 2020 at 11:49 am

And if the employer had additional reasons for the firing? No matter, the decision says in a line suitable for immortality. Intentionally burning down a neighbors house is arson, even if the perpetrators ultimate intention (or motivation) is only to improve the view.

Gorsuchs crisp clarity sent some clear signals yet one must cautiously note, no guarantees regarding future outcomes. He laid his argument on textualism, the popular conservative theory that judges should look to the plain text of the law.

That matters in a subject such as LGBTQ rights, since few people were talking about LGBTQ rights in 1964. Yet, at least since the Stonewall riots broke out during a police raid on a gay and transgender bar in New York and launched the gay and lesbian rights movement in 1969, it increasingly has become a matter of common sense that gender protections should include LGBTQ people.

Looking back, it is all the more ironic to recall that sex was included in the law, which was primarily aimed at racial discrimination, as a sort of last-minute poison pill. Staunch Virginia segregationist Rep. Howard Smith slipped it in, figuring that his fellow lawmakers would see the protection of womens rights as way too extreme. Fortunately, the times were a-changing faster than he realized.

But now, we have the era of Donald Trump vowing under his Make America Great Again slogan to change the times back. Trump, who often seems to be more familiar with breaking the Ten Commandments than citing them, nevertheless appealed heavily to religious conservatives. Among other smart moves, he turned to the right-leaning Federalist Society for court recommendations. The phrase But, Gorsuch ... is routinely cited by evangelicals when asked why they give more than 80% approval to Trump in polls.

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The Supreme Court surprises us with fairness in LGBTQ decision, but will it last? - Lynchburg News and Advance

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