The relation to the Civil Rights Act is an interesting observation, thank you. However, if the court did not cite the Act in its reasoning the connection is tenuous. It seems me that the most probable explanation is still that the Supreme Court is applying very lax interpretation which strongly depends on the personal opinions of the judges.
I was actually talking about what I see as the real historical, cultural process by which the Court reached its decision. (Do you not think the CRA influenced personal opinions about equality?) And I’m saying even this process has some legal support.
But I must stress that the necessary interpretation by the courts happened in the 1970s—or at least that would have sufficed—and thus focusing on this 2015 ruling makes very little sense.
The relation to the Civil Rights Act is an interesting observation, thank you. However, if the court did not cite the Act in its reasoning the connection is tenuous. It seems me that the most probable explanation is still that the Supreme Court is applying very lax interpretation which strongly depends on the personal opinions of the judges.
I was actually talking about what I see as the real historical, cultural process by which the Court reached its decision. (Do you not think the CRA influenced personal opinions about equality?) And I’m saying even this process has some legal support.
But I must stress that the necessary interpretation by the courts happened in the 1970s—or at least that would have sufficed—and thus focusing on this 2015 ruling makes very little sense.
I’m no longer sure what is our point of disagreement.