Will “Judicial Modesty” be the Supreme Court’s New Ideological Fig Leaf for Denying LGBTQ Civil Rights?
While we don’t yet know how the Supreme Court will decide the major civil rights question before it regarding whether or not gay and transgender people are protected under federal legislation that outlaws employment discrimination “on the basis of sex,” the nature of the debates and the questions raised from the bench last week when attorneys for both sides presented arguments do not reflect well on this nation’s supposed commitment to civil rights.