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US top court divided as it ponders LGBT rights


The United States Supreme Court appeared it deeply divided yesterday according to a USA today on a major civil rights question whether gay and transgender people are covered by federal law barring employment discrimination on the basis of sex the court's ruling in three cases which are not expected until next year seem to hands on president Donald Trump two nominees associate justice Neil Gorsuch called the dispute over transgender rights close but more likely an issue for Congress to address associate justice Brett Kavanaugh directed his only question to a lawyer for to employers that fire gay workers leaving his position in doubt about Byron Henry is a constitutional legal expert he joins us now on news radio eight forty WHAS brought Byron thanks for coming on what do you make of this it seems as though gay and transgender people would be covered but I guess the question is who would this also it enter the arena of affecting religious rights where like say a church doesn't want to hire somebody who lives a life style that goes against the biblical beliefs what to bring their Leyland first of all when the statute was passed in nineteen sixty four most believe that the word sex because of sex gender meaning if you take action one into discrimination male or female that's right and Congress has actually gone back on multiple occasions and attempted to abandon the civil rights bill to include sexual orientation is a fail so there's a strong argument that Donald this because of gender not include sexual orientation but the Congress didn't intended to otherwise they would have tried to change the statute that being said we corkage pointed out justice Gorsuch pointed out that there are textual argument for including trans gendered sexual orientation under the term because of sex with respect your second question I would say that there's already exemption in the law for religious organizations such as churches that don't hire female pastors that technically discrimination based on sex the third step based on religious beliefs so I believe that this would not affect core religious organizations such as churches and church schools and what not we may have computer for litigation on what the religious organizations as we did in the hobby lobby based on religious freedom but it would not affect the ability of churches and church schools in real what we what I would consider a religious organization they continue to practice their faith based on the law that exists today yeah it seems pretty clear to me I mean as long as there's an exemption for churches and church organizations I II people that are in a position of upholding doctrine they need to be selective that's just that's just based on like you know from the state for the same reason you would need to hire a CEO who had an expertise that running businesses and and expertise in whatever it is that your company is selling yet to be selective of that because of the doctrine but outside of that like in the case of hobby lobby or some other company that's Christian own if you're if you're open for business you got a higher all employees treat all employs the same doesn't matter what their sexual orientation is or or what they identify as so it feels like this is kind of a cut and dry thing why would the Supreme Court be struggling with this decision as long as there's religious exemptions because it's a policy decision to what the court probably thinking is there's no way when Congress wrote this fall they intended to protect sexual orientation and bike but for a patient as a couple of pointed out what's considered a mental illness even even though that has progressed obviously that's not still the case it was considered a mental illness at the time that Congress what was that the F. M. bank so I think recorded voice one academic are just out there okay all of the I don't think it's not good policy they're just saying you're still Gorsuch yet we don't abandon update statute cargo hold Congress amends got you we just tell you what the statute says selling or other academic exercise right let me predict what happens here trump is a nominated to construction is judges who recognize the limits of the power of the Supreme Court they're gonna go Hey Congress you need to fix this and then the left is gonna go absolutely not saying look what trump did he hates gays that's what's gonna happen but that that's probably what's going to happen that would say that if if but justice Gorsuch does turn and go with the administer of girl get fit the distribution and and determine that this that they are protected the L. G. B. T. are protected as well as sexual orientation under this law then you might have another chance to to to like Robert or Kevin all come along board and be in the majority would say if they know that that would be the majority opinion and just come along with it and and basically make it not even close well that's a possibility but I think this is going to be a close call though because Gorsuch has been very staunch in his views it is forced him to vote it's an integration cases and some criminal cases with the liberals because he he basically take take very eccentric libertarian have very strict textual regional public meaning kite view and and I don't think he's likely to strike back all of right in but it but but the having that viewpoint in this case would have been voting against this and saying it goes back to the Congress right right you're exactly right and so what he is he may think it's good policy in the United States is ready for the right to protection it should already have it doesn't seem to be able to persuade Neil Gorsuch in the other cases we discussed when he had a few of the constitution it doesn't matter what he has to vote for or against the exponent of statutory construction the way you believe that you have read it Congress you get

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