[[Justice Gorsuch]] based his reasoning in the idea that discrimination because of sexual orientation or gender identity is inseparable from sex discrimination. He argued that the only difference between a male employee who wants to marry a man and a female employee who wants to marry a man is the difference in gender between the male and female employee. Justice Gorsuch claims that because the only difference between the two employees is gender, accepting the female but not the male employee would constitute gender discrimination. He gives the example of a female employee who is a Yankees fan. If an employer fires this female employee for being a Yankees fan, this constitutes gender discrimination if the employer would tolerate a male employee who is also a Yankees fan. He relied on the principle that when two employees are "materially identical" in every way except gender, to pick one gender and reject the other constitutes sex discrimination.<ref name="ref1"/>
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Justice Gorsuch based his reasoning in the idea that discrimination because of sexual orientation or gender identity is inseparable from sex discrimination. He argued that the only difference between a male employee who wants to marry a man and a female employee who wants to marry a man is the difference in gender between the male and female employee. Justice Gorsuch claims that because the only difference between the two employees is gender, accepting the female but not the male employee would constitute gender discrimination. He gives the example of a female employee who is a Yankees fan. If an employer fires this female employee for being a Yankees fan, this constitutes gender discrimination if the employer would tolerate a male employee who is also a Yankees fan. He relied on the principle that when two employees are "materially identical" in every way except gender, to pick one gender and reject the other constitutes sex discrimination.<ref name="ref1"/>