Sex discrimination inherently includes discrimination on homosexuality, transsexualism, etc.

I’ve been saying this for years, but hey, looks like the courts are getting on board.

The linked article includes some statements in opposition, but they’re generally terrible. First, a brief argument for the statement in the title of this post. If you’re going to support equality across sexes, then you’re going to support that for all x, if x is permissible for one sex, then x is permissible for all sexes. (There are other understandings of how to use the word “equality”, but those are clearly not the ones in play here.) So, if it’s okay for people of any particular sex to be attracted to women, then it’s okay for people of any sex at all to be attracted to women. And so on.

Jeff Sessions said,

Title VII’s prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status.

I’m curious what action Jeff thinks is unique to the transgender “status”. To use the case in the article as an example, there’s nothing Stephens is doing against any rule, unless there are some sex-specific rules. There is no way to state his objection to Stephens’s case completely without reference to her sex.

The employer, Rost, said he wants to run his business in accordance with his religion that says that

a person’s sex (whether male or female) is an immutable God-given gift and that people should not deny or attempt to change their sex.

I’d be really curious to see which religion says you cannot employ people who deny or attempt to change their sex. I’ll admit I’m only a little into the iceberg of religion, but rules for employers seem to be generally sparse, and I’ve never seen anything approaching this.

Posner said,

It is well-nigh certain that homosexuality, male or female, did not figure in the minds of the legislators who enacted Title VII,”

He then proceeded to say the meaning of “sex” can be updated to include homosexuality. But that’s unnecessary. There’s no way to discriminate against homosexuals without also discriminating on the basis of sex.

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