Author Topic: Anyone else think the Supreme Court will issue a "split ruling"?  (Read 339 times)

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Offline tgchar21

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Anyone else think the Supreme Court will issue a "split ruling"?
« on: September 30, 2019, 03:08:54 pm »
I've mentioned it on here before, but given that the U.S. Supreme Court is about to here a case on whether or not "sex" discrimination includes gender identity, my prediction is a ruling that requires employers to allow trans people to dress/express themselves as their identified gender but does NOT require employers (for example) to allow restroom or other sex-segregated facilities based on gender identity or that transition procedures be covered under their health insurance.

My basis is based on the fact that in addition to the four liberal justices that are very likely to rule our way, one conservative justice needs to cross over. The most likely one IMO would be Chief Justice Roberts who is the most moderate of the bunch (which if he does would probably yield protection). If he doesn't, then based on what was being published about Justice Gorsuch when he was being confirmed, he seems to be intent on upholding the concept of gender stereotyping discrimination - which based on an unpublished ruling he made would apply to transgender people who don't adhere to expected behavior of their birth gender. However, he appears to be intent on drawing the line when it comes to actually being someone of the opposite (from AAB) gender (e.g. restroom access or compelled pronoun use). Thus if Gorsuch is the controlling vote in this case we could see this split ruling.

Any thoughts on this?

Another kind of split ruling that could transpire is since the funeral home in question cites religious beliefs for its action against the trans employee, a ruling that either protects or leaves the question open of trans protection in general but creates a carve-out for religious beliefs (if Roberts is the controlling vote this could very well happen, since for example with the ACA he voted against the Obama administration's lack of religious exception for contraceptive coverage but otherwise upheld Obamacare).

In other words this is a non-binary (pun intended) case.

Offline KateR

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Re: Anyone else think the Supreme Court will issue a "split ruling"?
« Reply #1 on: September 30, 2019, 11:01:49 pm »
In our community we’ve had a couple of conversions about this.

The one thing we all agree on is that Oct. 8, 2019 will be a very important day for all Gender Non-conforming.

While many of my sisters fear the upcoming rulings, I’m more hopeful.  Chief Justice Roberts has definitely shown he can be a moderate, and Associate Justice Kavanaugh has sided with the liberal justices on two rulings so far; albeit minor rulings.

So I will be very attune to the news about the arguments on Oct. 8 and hopeful for the best.

Kate


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Kate

Offline Dena

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Re: Anyone else think the Supreme Court will issue a "split ruling"?
« Reply #2 on: October 01, 2019, 12:17:02 am »
I would expect a split decision. The conservative judges will state that the constitution doesn't grant the courts the power to make any one person more protected than any other. The original exception which allowed slavery was eliminated as well as the quota system so we are now all equal and have equal protection under the law.

The liberal side would argue that the constitution is living and outdate so we need to create a protected class of people and grant them protections not provided to the rest of the population.

The only way I see this not happening is for the liberal side to agree with the conservatives in stating everybody is offered equal protection under the law. I don't think this is likely however I have seen a few cases where the liberals have crossed over and agreed with the conservatives.

Roberts is the real wild card. He stated the job of judge is to call ball as it is but his performance as a judge makes his eyesight suspect. Therefore, I really can't say which way the call will go. Split, yes but which way, I don't know.
Rebirth Date 1982 - My Transition

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