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re: Supreme Court - "Sex discrimination" includes gay and transgender discrimination

Posted on 6/15/20 at 11:05 am to
Posted by OMLandshark
Member since Apr 2009
119977 posts
Posted on 6/15/20 at 11:05 am to
quote:

These people either failed civics or they just don't give a shite about the separation of powers as long as they like the outcome.


HR minor, so I understand employment law pretty well.
Posted by hawkeye007
Member since Feb 2010
6073 posts
Posted on 6/15/20 at 11:07 am to
when conservative judges and liberal judges just follow the law it always disapoints.. why is this such a big issue with conservative voters.
Posted by Flats
Member since Jul 2019
26950 posts
Posted on 6/15/20 at 11:07 am to
quote:

HR minor, so I understand employment law pretty well.


This has nothing to do with employment law, it has to do with your ignorance of the role of the legislative branch and the separation of powers we used to have.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
71341 posts
Posted on 6/15/20 at 11:09 am to
quote:

It's not the f*cking job of the Supreme Court to give any group "new civil rights."

It kind of is, though. Brown v the Board of Education interpreted the Equal Protection clause of the 14th Amendment to rule that segregation laws were unconstitutional. Do you disagree that the SCOTUS should have had the power to rule on that? Because that's essentially what happened with this ruling today just with a different class of people.

Hernandez v Texas added national origin in 1954 on the same basis.

There's a multitude of SCOTUS decisions that made rulings based on gender.

The idea that the SCOTUS function isn't to make interpretations of the Fourteenth Amendment protections is a pretty ignorant position to hold.

I do think this may be a slippery slope and have some controversial consequences, but to say it's not the SCOTUS' job is just not true. That's why SCOTUS appointments have always been so important.
This post was edited on 6/15/20 at 11:12 am
Posted by bluestem75
Dallas, TX
Member since Oct 2007
4942 posts
Posted on 6/15/20 at 11:09 am to
The main thing that worries me about this is that it opens the door for transition physician to play Dr. Frankenstein on minors who have no idea what they’re deciding or the consequences it would have on their bodies as they develop.

It’s pretty obvious to me than an adult should not be discriminated against for any reason as long as they can do the job.

I do agree that this decision puts an unreasonable burden on employers.
Posted by FooManChoo
Member since Dec 2012
45927 posts
Posted on 6/15/20 at 11:09 am to
quote:

I really don’t see the argument on why race and sex are protected classes but sexuality isn’t. I’m a libertarian to where I’d revoke Title VII if I had my way and then go shop at other places that weren’t being racist or sexist. But so long we’re playing this game, I think this is a natural extension of what Title VII initially had in mind. I find sexuality to be more plausible under Title VII than pregnancy and certainly over 40.
It's expected to interpret law based on what was meant at the time the law was written. Sexuality was not included. "Sex" by all definitions at the time were biological and anatomical characteristics of male and female. And with that, sexuality is materially different from "sex" (maleness and femaleness) and needs to be treated separately in this case, which should have required an amendment to the law.

Just because you feel that they are closely related doesn't mean that they are to the point of extending one concept to include another.
Posted by OMLandshark
Member since Apr 2009
119977 posts
Posted on 6/15/20 at 11:10 am to
quote:

This has nothing to do with employment law, it has to do with your ignorance of the role of the legislative branch and the separation of powers we used to have.


But what’s the argument that race and sex are protected classes but sexuality isn’t? If you can’t provide the argument, then the courts did the right thing by adding sexuality to Title VII. Again, I’m against Title VII, but so long as we’re playing this game, I don’t see the argument why sexuality isn’t a protected class.
This post was edited on 6/15/20 at 11:12 am
Posted by kojak
Member since Apr 2020
531 posts
Posted on 6/15/20 at 11:11 am to
These people would have found another way to destroy their and their children's lives.
Posted by OMLandshark
Member since Apr 2009
119977 posts
Posted on 6/15/20 at 11:11 am to
quote:

The main thing that worries me about this is that it opens the door for transition physician to play Dr. Frankenstein on minors who have no idea what they’re deciding or the consequences it would have on their bodies as they develop.


This is employment law. It’s not opening the door to that specifically.
Posted by Flats
Member since Jul 2019
26950 posts
Posted on 6/15/20 at 11:13 am to
quote:

But what’s the argument that race and sex are be protected classes but sexuality isn’t?


Because that's what the law says is protected.
Posted by OMLandshark
Member since Apr 2009
119977 posts
Posted on 6/15/20 at 11:13 am to
quote:

It's expected to interpret law based on what was meant at the time the law was written. Sexuality was not included. "Sex" by all definitions at the time were biological and anatomical characteristics of male and female. And with that, sexuality is materially different from "sex" (maleness and femaleness)


Religion is a protected class and that isn’t an innate physical characteristic. You have failed to make an argument why sexuality isn’t a protected class.
Posted by DMagic
#ChowderPosse
Member since Aug 2010
49935 posts
Posted on 6/15/20 at 11:14 am to
If there’s anyone on the R side to blame it’s people who voted for W as “young college conservatives” that begat Roberts(myself included).
Posted by OMLandshark
Member since Apr 2009
119977 posts
Posted on 6/15/20 at 11:15 am to
quote:

Because that's what the law says is protected.


“Because I said so” is a pretty weak argument. What is the actual argument that race, sex, and religion are protected classes and sexuality is not?
This post was edited on 6/15/20 at 11:16 am
Posted by FooManChoo
Member since Dec 2012
45927 posts
Posted on 6/15/20 at 11:15 am to
quote:

Religion is a protected class and that isn’t an innate physical characteristic.
Religion is specifically called out in title 7.

quote:

You have failed to make an argument why sexuality isn’t a protected class.
Oh it is now based on the ruling of the unelected legislators in black robes.

But pretending today hasn't happened, the argument as to why sexuality isn't (wasn't) a protected class is that it wasn't specifically mentioned in title 7.
Posted by Wally Sparks
Atlanta
Member since Feb 2013
32508 posts
Posted on 6/15/20 at 11:15 am to
quote:

It’s the same thing per the Supreme Court. Gay and transgender are both simply different expressions of sex.


Thank you for the clarification.
Posted by Flats
Member since Jul 2019
26950 posts
Posted on 6/15/20 at 11:18 am to
quote:

“Because I said so” is a pretty weak argument.


It's not because I said so, it's because the text of the law says so. You're saying the text of the law is a weak argument for what the law means? Ok.
Posted by mindbreaker
Baton Rouge
Member since Dec 2011
7836 posts
Posted on 6/15/20 at 11:19 am to
quote:

It's expected to interpret law based on what was meant at the time the law was written.


man then i have a something to tell you about the second amendment
Posted by FooManChoo
Member since Dec 2012
45927 posts
Posted on 6/15/20 at 11:20 am to
quote:

man then i have a something to tell you about the second amendment
Go for it. This may not turn out as you think.
Posted by OMLandshark
Member since Apr 2009
119977 posts
Posted on 6/15/20 at 11:20 am to
Dude, this is a natural extension of the law. Gay rights weren’t really a thing when the Civil Rights Act was being written, but if were as acceptable to be gay in the 60s as it is today, you can bet your arse that would have been included. If you can’t make a better argument than it isn’t explicitly written there, then you lose in the courts. This is stuff that our Founding Fathers had in mind for the evolution of our nation.
Posted by mindbreaker
Baton Rouge
Member since Dec 2011
7836 posts
Posted on 6/15/20 at 11:22 am to
quote:

unelected legislators


It's always comical the same people that point this out are the same ones that are Rah Rah constitution is great. Until the part i don't like goes against me.
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