Re:U.S. Supreme Court endorses gay, transgender worker prote...
by duxup on Monday June 15, 2020 @11:53AM
(#23528747)
It's perhaps in 1964 many of those voting would not have thought of transgender folks... on the other hand we also expect these laws to be applied fairly. A random house member might have some constituency in mind, and not everyone else, but is that the basis for not protecting someone under the law?
I worry that going too close to the line of "what would a house member from rando time period want" becomes a strange place of conjecture.... and frankly relies heavily on a sort of mind reading / our own biases of the past... and legislators who are not bound by reason, existing laws, or any sort of absurd contradictions.
But perhaps that's always the judicial quandary. How closely to follow the letter of the law passed when it may not pass a constitutional test, or even just logic test.
I worry that going too close to the line of "what would a house member from rando time period want" becomes a strange place of conjecture.... and frankly relies heavily on a sort of mind reading / our own biases of the past... and legislators who are not bound by reason, existing laws, or any sort of absurd contradictions.
But perhaps that's always the judicial quandary. How closely to follow the letter of the law passed when it may not pass a constitutional test, or even just logic test.