An interesting article on the future of LGBT rights -- and perhaps civil rights in general -- under the Trump Court;
It's a little dense, but worth reading. Especially striking was this section:
I can't help but wonder, though, whether the Court giving carte blanche to religiously inspired bigots might also be held as establishment of religion.
We'll see how it all turns out. I'm not optimistic, unless the House grows a spine and starts impeachment proceedings against, say, "I like beer" Kavanaugh, who probably lied during his confirmation hearings.
There’s no denying it: efforts to protect LGBT+ persons through the federal courts suffered a substantial—perhaps devastating—setback when Justice Anthony M. Kennedy retired on June 27, 2018. The author of Romer v. Evans (1996), Lawrence v. Texas (2003), United States v. Windsor (2013), and Obergefell v. Hodges (2015), Kennedy had long played a key role in the U.S. Supreme Court’s invalidation of laws that discriminate against gay men and lesbians. His most recent decisions in that vein (Windsor and Obergefell) were written for a five-justice majority, with Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Clarence Thomas, and Samuel Alito in dissent. Kennedy’s retirement augured the emergence of a solid conservative majority, now including Justices Neil Gorsuch and Brett Kavanaugh, whose members are very likely opposed to meaningful constitutional protection for LGBT+ persons as a class. As we assess the implications of that development, here are some key questions to consider.
It's a little dense, but worth reading. Especially striking was this section:
Will the Court Undermine Antidiscrimination Laws in the Name of the First Amendment?
A holding that Title VII prohibits discrimination against LGBT people would mean a lot less if the Court subsequently held that the First Amendment immunizes anybody who describes acts of discrimination as expression or religious practice. However, in recent years, the right-leaning justices have taken worrisome steps toward imposing novel constitutional limits on antidiscrimination law.
I can't help but wonder, though, whether the Court giving carte blanche to religiously inspired bigots might also be held as establishment of religion.
We'll see how it all turns out. I'm not optimistic, unless the House grows a spine and starts impeachment proceedings against, say, "I like beer" Kavanaugh, who probably lied during his confirmation hearings.
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