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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bostock v. Clayton County, 590 U.S. 644 (2020)

Citation
Bostock v. Clayton County, 590 U.S. 644 (2020)
Parent Document
Bostock v. Clayton County, 590 U.S. 644 (2020)
Effective Date
2020-06-15

Other Sections in This Document (1015)

Full Text

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The Court follows this strange hypothetical with an even stranger argument. The Court argues that an applicant could not answer the question whether he or she is homosexual without knowing something about sex. If the applicant was unfamiliar with the term "homosexual," the applicant would have to look it up or ask what the term means. And because this applicant would have to take into account his or her sex and that of the persons to whom he or *1760she is sexually attracted to answer the question, it follows, the Court reasons, that an employer could not reject this applicant without taking the applicant's sex into account. See ante , at 1746 - 1747.