Reply to Are they going after Obergefell v. Hodges?

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[quote=Anonymous][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]

Here's what a news article says about it.  Does this same logic apply to gay marriage though?

https://www.cnbc.com/2020/06/15/supreme-court-rules-workers-cant-be-fired-for-being-gay-or-transgender.html

The cases were brought by three workers who said they were fired from their jobs because they were gay or transgender. They argued that Title VII of the Civil Rights Act, which says that employers may not discriminate based on “sex,” also applies to sexual orientation and gender identity. [/quote]

It could. Here's an article from 2015 about what Roberts said at the oral arguments. He wound up dissenting, but:

https://www.nytimes.com/2015/04/30/us/gender-bias-could-tip-chief-justice-roberts-into-ruling-for-gay-marriage.html

In a telling moment at Tuesday’s Supreme Court arguments over same-sex marriage, Chief Justice John G. Roberts Jr. suggested that he may have found a way to cast a vote in favor of the gay and lesbian couples in the case.

“I’m not sure it’s necessary to get into sexual orientation to resolve this case,” he said. “I mean, if Sue loves Joe and Tom loves Joe, Sue can marry him and Tom can’t. And the difference is based upon their different sex. Why isn’t that a straightforward question of sexual discrimination?”
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