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There's a certain level of humiliation involved in being asked such a question, at least in our prudish culture, and even greater humiliation in having to answer it, as well as any presumptions regarding what a refusal to answer may imply, as well as what the implications are if such as question is asked only of some. If some are not asked such a question because the answer is assumed as known, then these folks are not experiencing any humiliation as a result of being asked and having to either answer or decline. Thus, the question itself appears unfair, unless everyone is similarly asked, regardless of what is or is not presumed about individual persons.
It's your argument that disclosed sexual orientation is a needed data point for a judge? I guess I'm having trouble understanding how someone's sexual orientation is relevant to the job description.
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