Comment on Supreme Court stays out of fight over transgender student bathroom access
BobaFuttbucker@reddthat.com 11 months agoAccording to the DOL, gender identity is a protected class though, that brings up Title VII.
www.dol.gov/agencies/oasam/…/gender-identity
Doesn’t really matter what you say anyway since SCOTUS already declined to weigh in.
wintermute_oregon@lemm.ee 11 months ago
They are letting it worth through the lower courts before making a statement. Typically, they wait for the lower courts and appellate courts to make decisions before reviewing the cases.
I think now you are starting to see the issue. Slowly, but I think you are getting there. VII uses the term sex. Gender is not used in the document even once.
Are you starting to understand the issue? You can’t say the two wards are different and then say they mean the same thing.
When the Civil Rights Act was passed, we used the words the same but also being gay was illegal.
I suspect SCOTUS will punt this back to congress and tell them to create a law.
BobaFuttbucker@reddthat.com 11 months ago
Re-read the text.
SCOTUS already affirmed Title VII applies to Gender AND Sex.
wintermute_oregon@lemm.ee 11 months ago
I am aware but that is SCOTUS creating law which is the same issue with Roe VS Wade.
I think you are slowly catching on to the issue. The courts have not been consistent and as such they need to clarify. If you remember the case, people were surprised Gorsuch voted the way he did but it is consistent with his beliefs.
I think the court was incorrect in its ruling using the Civil Rights Act. The Civil Rights Act does not cover this topic. As such congress needed to amend it to cover sexuality or gender identity.
Otherwise, we have courts making laws which I am against. Alito spoke out that since it was defined, it wasn’t protected.
I am not against the protections, but I am against the courts writing law. If you haven’t read the case, I would suggest doing so as you will see the issue. They defined sex as orientation or identity which is not how the word was ever used.
This is exactly why Roe was overturned.
The correct way to fix this is congress has to pass a law.
Pepsi@kbin.social 11 months ago
must be exhausting
the amount of mental gymnastics you are doing, i mean.