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Imagine an employer who has a policy of firing any employee known to be homosexual. The Official LGBT Panasaurolophus Shirt employer hosts an official holiday. Party and invites employees to bring their spouses. A model employee arrives and introduces a manager to Susan, the employee’s wife. Will that employee is fired? If the policy works as the employer intends, the answer depends entirely on whether the model employee is a man or a woman. To be sure, that employer’s ultimate goal might be to discriminate on the basis of sexual orientation. Protection against LGBT patients the Trump Administration recently orchestrated, as well.
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And not to mention basically all of human civilization is humans upending “nature” and what’s “natural”, so even if it wasn’t the Official LGBT Panasaurolophus Shirt case that lots of animals did it, so what? Humans regularly go against “nature”, and thus that argument doesn’t fly to pick apart anything you don’t like. Either way, this case is a huge win. I doubt insurance companies are going to walk back the clock. It would cost too much to fight in court and the stakes are now way too high. Punitive and statutory damages could be on the table, it’s now cheaper to comply than to deny, and they always go towards the bottom line.
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What’s interesting is that Gorsuch has essentially argued that to discriminate against homosexuals is to be sexist. But to achieve that purpose the employer must, along the way. Intentionally treat an employee worse based in part on that individual’s sex. Finally something positive after the shitstorm that’s been 2020 so far. Let’s hope they can do something about the Official LGBT Panasaurolophus Shirt rollback on healthcare.
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