Read the Opening Remarks in the Supreme Court LGBTQ Case That Left the Justices Speechless

Oral arguments took place Tuesday morning.

Susan Walsh/Associated Press

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On Tuesday, the Supreme Court heard oral arguments in three cases that involve LGBTQ people who were allegedly fired for their gender identity or sexual orientation. Pamela Karlan, the co-director for Stanford University’s Supreme Court Litigation Clinic and the counsel representing two gay men, left the court speechless with her opening argument.

“The attempt to carve out discrimination against men for being gay from Title VII cannot be administered with either consistency or integrity,” Karlan said. “In the words of the en banc Second Circuit, it forces judges to…resort to lexical bean counting where they count up the frequency of epithets, such as “fag,” “gay,” “queer,” “real man,” and “fem,” to determine whether or not discrimination is based on sex or sexual orientation.”

You can read the entire thing here: 

 



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DEMOCRACY DOES NOT EXIST...

without free and fair elections, a vigorous free press, and engaged citizens to reclaim power from those who abuse it.

In this election year unlike any other—against a backdrop of a pandemic, an economic crisis, racial reckoning, and so much daily crazy—Mother Jones' journalism is driven by one simple question: Will America will move closer to, or further from, justice and equity in the years to come?

If you're able to, please join us in this mission with a donation today. Our reporting right now is focused on voting rights and election security, corruption, disinformation, racial and gender equity, and the climate crisis. We can’t do it without the support of readers like you, and we need to give it everything we've got between now and November. Thank you.

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