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David Upham on the Original Legal Meaning of "discriminate...because of...sex"
Michael Ramsey

David Upham (Univ. of Dallas, Politics) sends this note:

I see there has been further discussion on the blog of textualism and the Court's Title VII cases.  Perhaps of interest: I filed an amicus brief on behalf of the American Public Philosophy Institute, in which we contended that sex discrimination already had an established legal meaning by 1964, for the norm had been incorporated into American and international law in various ways, including state constitutional provisions governing schools--and that for generations, the norm had never required the kind of sex-blindness advocated by the Plaintiffs in the Title VII cases.
I further discussed the brief and the issue on this podcast with Karen Loewy of Lambda Legal and Jeffrey Rosen: Can Employees be Fired for Being LGTBQ? - National Constitution Center