I'm John Bachelor. This is the new John Bachelors show.

I'm John Bachelor. This is the new John B show, CBS Audio Network. I welcome Richard Epstein, Professor Richard Epstein, a senior fellow at the Hoover Institution teaches law at NYU at the University of Chicago. Riding most recently defining ideas for the Hoover Institution

HR 5, this is not HR 1, this is HR 5, and the presentation of this in and Richard provides links.

It's called in general the Equality Act to prohibit discrimination on the basis of sex, gender, identity, and sexual orientation and for other purposes.

Of note because Richard provides it in a link, I read the purpose of the Equality Act.

It is the purpose of this act to expand as well as clarify, confirm, and

create greater consistency in the protections and remedies against discrimination on the basis

of all covered

characteristics and to provide guidance and notice to individuals,

organizations, corporations, and agencies regarding their obligations under the law.

Richard, there's nothing that's not admirable about the purpose of that.

The puzzle I have frequently asked question is,

what has happened that it is necessary to update a protection that I thought was already in place

from the 1960s what is what is the presenting issue that means that it needs more articulation?

Good evening to you.

You know, one, I think the first thing to note is that they're trying not to undo anything in the

1960s, but to extend in several dimensions what's going on.

And the first of those dimensions are what are the current forbidden grounds on which discrimination

should be made.

And the new tool that they're talking about a sexual orientation

and gender identity. Those are not in the statutes. They are in Title VII by virtue

of the rather extraordinary decision of Justice Gorsuch in the Bostock case

...