A man and a woman both show up to the same workplace on the same day. They are dressed identically, in the same dress and same high heels. You wouldn’t send home the woman dressing as a woman. So then, it must follow, or so argues Supreme Court Justice Neil Gorsuch, that the boss who objects when a man dresses this way is discriminating, not based on behavior or comportment, but based on his sex.

This is the essence of Gorsuch’s reasoning in Bostock v. Clayton County. The justice controversially conflates the ideas of “sex,” “sexual orientation,” and “gender identity,” as if these were equivalent to one another. They are not, but now they will be identical in the increasingly tangled mess of employment law.