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Jun 15 2020 10:37pm
Quote (Goomshill @ Jun 15 2020 11:17pm)
Im asking, did they apply that same logic to other rights to see if its consistent and doesnt lead to a slippery slope. If actions or traits that would not be questioned for members of one class are questioned in someone in a different class. Like the "riding a wheelchair while not disabled" example. Did they think through such examples and dismiss them, or did they leave open a hole based on this reasoning?


They cowered to the shouting SJW mob, nothing else.
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Jun 16 2020 01:32pm
French notice:

There are still several reasons for this decision by the United States Supreme Court.
First, the state of public opinion: it is mainly opposed to these discriminatory dismissals. In fact, during the proceedings, nearly 200 companies, including very famous companies such as Disney and General Motors, had supported the complainants.

Then there is perhaps the context: the indirect impact of the great debate on inequality triggered by the death of George Floyd.

And then there is simply an act of independence. The demonstration that the judiciary is not under the orders of the White House, which is rather reassuring about the functioning of American democracy.


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Jun 16 2020 02:07pm
Liberty is good.
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Jun 16 2020 02:09pm
Quote (Goomshill @ Jun 15 2020 04:18pm)
I've been out all day, no time to read the PDF or even think through it
but my Q is, did the justices tackle the question of "How does this same reasoning apply to other protected classes / right"
I'm talking about the "traits or actions {they} would not have questioned in members of a different sex." standard
I haven't even had time to construct a counterexample. Is there a good one? IE, can I start riding a wheelchair into my workplace and demand accessibility accommodations, and say if they don't they're discriminating against me for traits or actions they would not have questioned in a disabled person? Can I identify as Jewish? Heck, sticking with gender, can I demand equal paternity leave?



All of these things you're suggesting doing would simply make society better. Winning accommodations for all is a good thing, regardless of your status. Winning equal paternity/maternity leave is good for everyone. Winning discrimination protections for Jews, Muslims, etc. is good for society as a whole.
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Jun 16 2020 09:13pm
This recent SCOTUS is a nice start, but what about LGBT protection in housing and public accommodations? We need legislation addressing these areas. I don't like having to depend on just 9 people in America for some of these decisions.
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Jun 16 2020 09:15pm
Quote (EndlessSky @ Jun 15 2020 11:37pm)
They cowered to the shouting SJW mob, nothing else.


Yeah. How dare they bend to the majority voice asking for equal rights. How fucking criminal.

...Meanwhile America has joined the rest of the civilized world decades later. Thanks for contributing your voice as always as an example of what not to do.
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Jun 16 2020 11:21pm
Quote (ThatAlex @ Jun 16 2020 10:13pm)
This recent SCOTUS is a nice start, but what about LGBT protection in housing and public accommodations? We need legislation addressing these areas. I don't like having to depend on just 9 people in America for some of these decisions.


This case will be very easily applicable if the wording in the relevant laws are written with the phrasing "Based on sex". This was a pretty broad ruling in that it established that all you need for a case where the law says "based on X' is a but-for test. A but-for test is where you just change the sex, and if that would result in a change then it is illegal.

This post was edited by Thor123422 on Jun 16 2020 11:21pm
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Jun 17 2020 07:18am
Quote (Thor123422 @ Jun 17 2020 12:21am)
This case will be very easily applicable if the wording in the relevant laws are written with the phrasing "Based on sex". This was a pretty broad ruling in that it established that all you need for a case where the law says "based on X' is a but-for test. A but-for test is where you just change the sex, and if that would result in a change then it is illegal.


Yet a 'but-for' test precludes any exclusive traits or actions to a group. Which might seem okay at face value, but quickly poses issues. If a but-for standard is applied across the board on all laws, you can't have public rape shelters for women only, you can't discriminate against a nondisabled person for parking in a handicap spot, you can't bar non-veterans from accessing VA care, and you sure as shit can't have affirmative action.

The high court may have intentionally stopped short of applying that standard across the board, but logically its a plain inconsistency to not define classes and discrimination by the same standards when they derive from the same umbrella law.
An overly conspiracy-minded person might think Gorsuch just roped the liberals in the court into a precedent he'll cite to strike down affirmative action.

This post was edited by Goomshill on Jun 17 2020 07:20am
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Jun 17 2020 07:40am
Quote (ofthevoid @ Jun 15 2020 11:04am)
The Trump administration doesn't have authority of which cases get kicked up to the higher courts by lower courts, wtf are you talking about do you even know basic civics?

>"Haha pro-gay ruling under Trump, see he doesn't care about religious rights! So might as well vote for leftists candidates that think abortions should be legal in 3rd trimester!"

Sound logic there lad.


courts have a prosecutor acting on behalf of the state, who exactly do you think was offering arguments on behalf of the State that isn't directly under Trump's employ and control?

the Supreme Court isn't a tribunal sitting and listening to emotional arguments before they make a judgement call, we have due process, we're not Canada.
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