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0 pointsthaumasiotes3y ago0 comments

> except in the specific case of artistic works, due to the first amendment.

The first amendment protected the Boy Scouts' right to express their disapproval of gays by not employing them. Is race different from a first amendment perspective?

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freeone30003y ago

Sexual orientation is not one of the five protected classes in legislation (sex, race, age, religion, country of origin). As such, it is not de jure protected through the entire US.

It's been argued in the 7th circuit that "sex" and "sexual orientation" apply to employment, but not elsewhere; Title IX was decided in favor of making orientation a protected class in education in 2020. 22 states protect sexual orientation by law (with 19 of them also including gender), and there's an executive order protecting both for federal jobs and contractors. But if you're in Texas, Florida, Alabama, or 25 other states? It's absolutely legal to be fired for being gay.

thaumasiotesOP3y ago

> But if you're in Texas, Florida, Alabama, or 25 other states? It's absolutely legal to be fired for being gay.

Recent Supreme Court precedent says that discrimination by sexual orientation is a type of discrimination by sex. If that's what you're referring to here:

> Title IX was decided in favor of making orientation a protected class in education in 2020.

The result wasn't that orientation is a protected class. It was that discrimination by orientation is an example of discrimination by sex, and sex is a protected class. So if it's not legal to fire someone for being female in Alabama, it also isn't legal to fire them for being gay, since that's the same thing.

But none of that would apply to the first amendment, since it's statutory and the first amendment is constitutional. Is there a distinction between race and sexuality relevant to the first amendment?

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