For completeness, I'll quote the majority's counterargument to that thought experiment: > Change the hypothetical ever so slightly and its flaws become apparen

For completeness, I'll quote the majority's counterargument to that thought experiment: > Change the hypothetical ever so slightly and its flaws become apparent. Suppose an employer’s application form offered a single box to check if the applicant is either black or Catholic. If the employer refuses to hire anyone who checks that box, would we conclude the employer has complied with Title VII, so long as it studiously avoids learning any particular applicant’s race or religion? Of course not: By intentionally setting out a rule that makes hiring turn on race or religion, the employer violates the law, whatever he might know or not know about individual applicants. > The same holds here. There is no way for an applicant to decide whether to check the homosexual or transgender box without considering sex. [...] Any way you slice it, the employer intentionally refuses to hire applicants in part because of the affected individuals’ sex, even if it never learns any applicant’s sex.