Discuss a point made by one of the justices or attorneys that you found interesting or persuasive.

Respond to student 1’s posting on the discussion prompt and use the sources provided.
Do you agree or disagree?
What additional points or ideas would you want to bring up?
Student 1: No, sexual orientation is not included under Title VII of the Civil Rights Act. Mr. Bostock was not fired because of sexual discrimination, being a man vs being a woman, he was fired because he was gay. A woman also could have been fired for being lesbian and this would also be discrimination against sex NOT sexual orientation. There is an inherent issue with the firing of Mr. Bostock, but it does not fall under Title VII of the Civil Rights Acts.
A point that was made in this supreme court case and also addressed in the Unit 4 video is that there may be gaps, and Congress cannot anticipate all issues and arguments that may be presented especially in the future, or as Kavanaugh stated “If judges could rewrite laws based on their own policy views, or based on their own assessments of likely future legislative action, the critical distinction between legislative authority and judicial authority that undergirds the Constitution’s separation of powers would collapse, thereby threatening the impartial rule of law and individual liberty.”
Kavanaugh also stated, “As commonly understood, sexual orientation discrimination is distinct from, and not a form of, sex discrimination.” The same goes for the case of Wilson v. Southwest Airlines Co. as described by Justice Ginsburg, “when flight attendants were fired for getting married, courts described this as marriage discrimination rather than sex discrimination, and because marriage discrimination is not a protected class under Title VII, there was no violation.”
There may be sexual orientation discrimination occurring but that is not the case as brought forth to the Supreme Court since sexual orientation does not fall under Title VII of the Civil Rights Act.
Below is the prompt they are responding to:
Title VII of the Civil Rights Act of 1964 states:
(a) Employer practices
It shall be an unlawful employment practice for an employer –
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or
(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.
Listen to the oral argument in Bostock v. Clayton County, regarding whether employment discrimination based on “sex” under Title VII includes discrimination based on sexual orientation and/or gender identity, available at https://www.supremecourt.govLinks to an external site.
Discuss a point made by one of the Justices or attorneys that you found interesting or persuasive. Among other things, you may want to consider arguments or questions regarding the plain language of the statute, the history of the statute and what Congress did or didn’t have in mind when it was written, prior judicial decisions interpreting this language, the relevance of sex or gender-based stereotypebcis, and the implications of this case.

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