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Do You Think the Government Has a Sufficiently Important Interest in Regulating Sex Discrimination?
The court has said that under the civil rights act, you know, an employer can't put up a sign in the door that says, no blacks need apply. But it looks like the supreme court may be willing to reconsider that presumption and say that when discrimination takes the form of speech, that it actually becomes protected by the first amendment. The question then is whether the government has basically a sufficiently important interest in prohibiting discrimination on the basis of sexual orientation or discriminating against people based on race.