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Christopher Dunn

Next Tuesday, the Supreme Court will hear oral argument in two cases that present the issue whether the landmark federal statute that bars certain discrimination in employment—Title VII of the Civil Rights Act of 1964—prohibits employers from firing people because of their sexual orientation. Taking the opposite position of the federal agency responsible for administering Title VII, the Trump Administration’s Department of Justice has entered the case on the side of the defendant employers to argue the statute’s prohibition on discrimination on the basis of “sex” does not encompass sexual-orientation discrimination.

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