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Bostock v. Clayton County, Georgia

5-4

00:00

The Anti-Discrimination Principle

Gorsuch's dissenters argued that when the law was passed in the 1960s, no one thought that they were passing a law protecting gay or trans people from discrimination. Kavanaugh also files a dissent where he refuses to confront it directly. The bulk of his argument is really one point: Discrimination based on sex is not the same thing as discrimination based on sexual orientation.

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