Look, I’m sure there are some good faith constitutional scholars out there who have genuine objections to Monday’s ruling and the legal implications therein. So let’s stipulate that a good-faith objection can be made.
What we do not have to assume is that a lot of the “constitutional scholars” presently huffing and puffing had zero interest in legal theory. They had an outcome they wanted and they just want someone who is willing to vote with the team and justify it in whatever means necessary.
And another thing we do not have to assume is that Monday’s landmark ruling of Bostok v. Clayton County will bring long-overdue protection to the workplace. Because while many people seemed surprised that the risk of job loss over sexuality is still something to be concerned about in the Year of Our Lord 2020, I’m here to report that outside the big city pockets of fabulousness along the coasts, there are many gay, lesbian, and transgender Americans who have lost jobs, been forced to hide their sexuality or gender identity, or been discriminated against in their places of employment. I have heard their stories and been called to their aid.
I once called a gay friend-of-a-friend—you may have heard about our mafia—who runs a company so I could ask him to interview a person who needed a job because he had been fired for being gay. He told me something to the effect of: “If I hired every gay who had been cast out of their job we wouldn’t have room for anyone else in the company.”