Eat Your Spinach
Strict Scrutiny
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The Implications of Obergefell for LGBT Rights
The question is after Obergefell, how else if at all are we going to protect LGBT individuals civil rights? The implications for this case are even more dramatic than perhaps we appreciate. If the court says that discrimination on the basis of sexual orientation or gender identity doesn't count as discrimination under Title VII, it might be impeding future administrations ability to protect the LGBT community by additional regulations. And I am disappointed and still kind of floored that Congress didn't do so in 2007, 2008, 2009, 2010.
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