I’m sure ACB knows the difference between textualism and originalism so why does she keep referring to them as if they’re the same thing?

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Because Republicans are full of it and interchange them to meet their political goals.

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That's actually a good way to clarify it, thank you. So to confirm, a originalist says it means male or female, and a textualist says that also includes sexual orientation?

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That’s the result of it but it’s more so that inherent in discriminating against someone for sexual orientation behavior is discrimination on the basis of sex.

If you fire John because he marries Jack but you don’t fire Sarah for marrying Jack, you’re discriminating against John because he is a man. That is what Gorsuch was arguing.

I admit that I don't know enough about this to have a fully informed opinion. If you ask me though, sexual orientation likely wasn't an intention of the original statute. Not saying that it should or should not be, but initially, when it was written, likely didn't refer to this

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The SCOTUS ruled just last term 7-2 that the Trump Admin could exempt religious employers from ACA mandate to provide contraceptives at no cost. That was likely against Kagan and Breyer’s personal preferences but they signed on.

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As an open-minded libertarian, asking you genuinely to enlighten me. Even doing a quick Google search, it says a textualist is just a specific form of an originalist. Perhaps there's a subtle difference that I'm not catching?

If you recall the civil rights act case from last term where Gorsuch wrote the opinion ruling that sexual orientation is protected under “sex” in the Civil Rights Act. He pointed out that an originalist might look back at what the legislators thought “sex” meant when they wrote the law and judge their original intent with that word.

As a textualist though he reads the word sex and concluded it includes sexual orientation (because you would treat a man differently than you would treat a woman for being married to a woman). That’s him looking to the text of the statute (textualism), rather than the original intent (originalism).

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