Author: Rick Claybrook - Page 4 - National Legal Foundation

First Bostock, Then Alice’s Wonderland

The majority opinion in Bostock was surreal. How could six very intelligent people say that discrimination on account of sex includes discrimination on the basis of sexual orientation and gender identity? Justice Gorsuch reached that conclusion [delete] because, if an employer wouldn’t fire a man for sleeping with a woman but would fire a woman […]

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So What Is Roberts Doing?

Chief Justice Roberts has been the center of attention recently, whipsawing both liberals and conservatives with his various opinions. He sided with Justice Gorsuch and the four “liberals” on the bench in ruling that “sex” in Title VII of the Civil Rights Act includes “sexual orientation” and “gender identity,” and he wrote a somewhat baffling

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Say What? If “Sex” = “LGBT,” What Follows?

The Supreme Court in Bostock v. Comstock County and two linked cases decided that, when the Civil Rights Act of 1964 outlawed employment discrimination on the basis of “sex,” it included discrimination based on sexual orientation and gender identity. Now, Justice Gorsuch, writing for the majority, freely admitted that the legislators in 1964 didn’t have

Say What? If “Sex” = “LGBT,” What Follows? Read More

If Smith Is on the Way Out, What’s on the Way in?

The Supreme Court has accepted a case, Fulton v. Philadelphia, that presents the question, among others, of whether the Supreme Court’s decision in Employment Division v. Smith, issued in 1990, should be overruled. Smith held that, when a person challenges application of a law of general applicability on the ground that it restricts the person’s

If Smith Is on the Way Out, What’s on the Way in? Read More