Interpretación constitucional y derecho antidiscriminatorio. A propósito del caso bostock y el futuro del originalismo
This paper discusses the recent ruling of the U.S. Supreme Court in Bostock v. Clayton County, in which the Corut considered that the sex discrimination ban of the Civil Rights Act of 1964 also protects against discrimination based on sexual orientation or gender identity. Given that who reflects th...
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| Format: | Article |
| Language: | Spanish |
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2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7681350 |
| Source: | Anuario iberoamericano de justicia constitucional, ISSN 1138-4824, Nº. 24, 2, 2020, pags. 449-464 |
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| Summary: |
This paper discusses the recent ruling of the U.S. Supreme Court in Bostock v. Clayton County, in which the Corut considered that the sex discrimination ban of the Civil Rights Act of 1964 also protects against discrimination based on sexual orientation or gender identity. Given that who reflects the Court’s majority opinion is Judge Neil Gorsuch – appointed by President Trump to office, and advocate of originalism and textualism as a method of legal interpretation, particular attention is paid to how that theory influences the reasoning of the majority’s opinion, as well as the dissenting opinions of Judges Alito and Kavanaugh. |
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