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Reply to "Are they going after Obergefell v. Hodges?"
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[quote=Anonymous][quote=Anonymous]I may be naive but I think gay marriage is not at risk under the current makeup of the court. This is because Gorsuch wrote, and Roberts joined, in the 2020 opinion saying you can't fire someone for being LGBT because it is sex discrimination. Gorsuch could easily have swung the other way and did not. Even if Gorsuch and Roberts did so using different reasoning -- say, "banning gay marriage = discrimination on the basis of sex" than the 2015 marriage case did, which is a legal theory Roberts himself floated during oral arguments that year -- I think they'd uphold it.[/quote] Under this theory, how is banning same sex marriage discrimination on the basis of sex, but banning abortion isn’t? Wouldn’t it be discrimination against women by limiting their reproductive rights?[/quote]
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