Class Warfare Blog

June 16, 2020

Supreme Logic

I was reading about a supreme Court’s ruling in the recent case as to whether the 1964 Civil Rights Act also protects gay and transgender workers from workplace discrimination.

You have probably heard that according to this SCOTUS, it does. However, as one article put it: “Justice Samuel Alito wrote the dissenting opinion saying, ‘The common understanding of sex discrimination in 1964 was bias against women or men and did not encompass discrimination based on sexual orientation and gender identity. If Congress wanted to protect gay and transgender workers, he wrote, it could pass a new law.’

The article went on to comment: “Let me break down Alito’s argument: Because homophobia was more acceptable in 1964 when the anti-discrimination act was written and the creators of that law had no intention of protecting LGBTQ people, that law should not protect LGBTQ people.”

I wonder if Justice Alito’s logic extends to the Second Amendment right to bear arms, in that the amendment was referring to smooth bore, single shot muskets and swords and “If Congress wanted to protect the right to own and bear modern firearms, it could pass a new law.” I wonder how the Justice’s NRA supporters would view throwing that idea open to Congress.

And wouldn’t it be simpler to restrict employers as to hiring and firing to “job related performance” and nothing else. This would allow firings for not having the money to pay the worker, or the job was no longer needed, or the employee stinks and refuses to bathe, or . . . etc., but shouldn’t the reasoning be related to the job and not the category one wishes to stuff the employee into?

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