Silhouette
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- Jul 15, 2013
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- #41
You're literally ignoring the Hively court on Obergefell's relevance to the Hively ruling....Laughing........so much for your 'mulberry bush'.Hively v Ivy Tech said:And finally, two years later, the Supreme Court ruled that under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment, same‐sex couples had the right to marry in every state of the Union. (Obergefell v. Hodges 2015). We emphasize yet again that none of these cases directly impacts the statutory interpretations of Title VII....The Supreme Court neither created Title VII nor was required to address any issues regarding employment discrimination in considering the issues it chose to address.
Well they're right. SCOTUS didn't create the 1964 Civil Rights Act. That was the Legislature. Notice the word "directly". There is also a route in which precedent can affect other cases...that is "indirectly". Removing coverage for sexual behaviors officially from Title VII of the CIVIL RIGHTS Act means that in all other areas of law now it is possible to say "if the removal of coverage for "rights" can exist at that fundamental level, that Uber-document of all civil rights, we have to examine how sexual behaviors are covered as to "rights" in all other areas of law.
Where that becomes problematic is when you consider ALL sexual orientations and not just some that are politically more active than others. In short, the Court will be faced very soon with telling this nation that either 1. polyamory and all other sexual behaviors (since they tied sexual orientation together with "same-sex" in Obergefell..I'll quote them again if you tempt me) are now legal across the 50 state or 2. Marriage actually is a privilege where some can and some cannot enjoy it. and 2(a) If that's the case, the federal government has no jurisdiction determining who may and who may not marry within each state (see Windsor 2013).