Tuesday, June 16, 2020

In which we analyze the Supremes

Gorsuch’s logic is, shall we say, a little tortured. The way I read it, it goes something like this:

 

Men are presumptively attracted to women. 

Women are presumptively attracted to men.

 

To discriminate against someone who is attracted to men is the equivalent of discriminating against women, and to discriminate against someone who is attract to women is the equivalent of discriminating against men. 

 

Therefore, such discrimination is discrimination based on sex, which is illegal.

 

I think that you, being of the forensician persuasion, can see the underlying flaw in this logic. 

 

Better argument, although it doesn’t really stand up to a lot of legal analysis: people are people, period, due equal rights and equal protections under the law, period again, end of story, shaddup about it. 

 

Nevertheless, today’s headline in the Times is the cheeriest news in a long time, and Lord knows we are due some cheery news. But it ain’t over. There’s still a lot of fighting ahead turning the policy of equality into reality. I mean, racial policy is set, isn’t it—in the 13th, 14th and 15 amendments, i.e., the effing Constitution, to begin with—yet that equality is still not forthcoming. 

 

Anyhow: Onward!

No comments: