
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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