A case that the Supreme Court will hear this year raises a fundamental question about why we outlaw some types of discrimination.
It’s worth thinking through that question, given that discrimination is, unfortunately, an ever-present human phenomenon, and because America, unique among other nations, is so deeply committed to stopping it.
The case is Ames v. Ohio Department of Youth Services, and the facts appear to be a pretty run-of-the-mill employment discrimination case.
Marlean Ames, a heterosexual woman, worked for the Ohio Department of Youth Services for many years and had good performance reviews. In the past two years of her employment, she was assigned a homosexual supervisor, who also gave her good reviews.
Then, in the final year of her employment, Ames applied for a promotion. What happened next was a whirlwind. She was denied the promotion, her…