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Sexual Orientation and Gender Identity Coming to Supreme Court

Ed Whelan discusses the Supreme Court's decision to review three cases addressing sexual orientation and gender identity.

Whelan writes:

"For a road map on how I think the Court should, and how I think it will, decide these cases, I highly recommend Second Circuit judge Gerard E. Lynch’s 74-page dissenting opinion in the Zarda case. In his dissent, Judge Lynch concludes that the original “public meaning” of Title VII’s ban on discrimination on the basis of sex does not extend to discrimination on the basis of sexual orientation. He also persuasively explains how this conclusion fits within the broader context of Title VII rulings. Judge Debra Livingston joined the major parts of his dissent, and Judge Reena Raggi likewise stated that her own dissent was “substantially for the reasons stated by Judge Lynch” in those parts."

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