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On Tuesday in front of the Supreme Court, John Bursch, attorney representing Thomas Rost, a funeral home owner being sued for enforcing a gender-specific dress code, explained how the ACLU is trying to redefine Title VII for political purposes. “The law’s text does not mean that employers must treat biological men as women,” Bursch said. Even Justice Ruth Bader Ginsberg seemed to suggest - according to Bursch’s account - that males and females need to be treated differently based on certain distinctions.

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