SCOTUS’s Transgender Ruling Firebombs The Constitution By Joy Pullmann for The Federalist
GNN Note – Yeah, like that’s something new.
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The ruling will lead to a tsunami of polarizing court cases and further degradation of Americans’ natural rights to free speech, to free association, and to worshipping God as their consciences require.
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In Monday’s ruling inserting “gender identity” into the word “sex” in a 1964 employment law, the U.S. Supreme Court called a man a woman, possibly leading to eventually forcing everyone else to do so also. The ruling will lead to a tsunami of polarizing court cases and further degradation of Americans’ natural rights to free speech, to free association, and to worshipping God as their consciences require. All this in the name of “equality,” a word that has become a totalitarian weapon.
The 6-3 majority included Chief Justice John Roberts, appointed by Republican President George W. Bush, and Associate Justice Neil Gorsuch, appointed by Republican President Donald Trump. These presidents promised voters their justices would uphold the rule of law and the Constitution, and were elected in significant part based on these now-broken promises.
This decision is a disgrace to these bedrocks of Western civilization, our nation built upon them, the voters who vote for them, and to these men’s honor. President Trump ran promising judges who wouldn’t murder America, and Gorsuch just gave him and everyone who voted for him a giant middle finger. The court’s newfound weakness will also be exploited and explored by leftist legal agitators whose goal is the destruction of the American system.
“There is only one word for what the Court has done today: legislation,” writes Justice Samuel Alito in a dissent Justice Clarence Thomas joined. “…A more brazen abuse of our authority to interpret statutes is hard to recall.”
Open ‘Sex,’ Insert Queer Theory
“An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids,” Gorsuch wrote in the majority opinion. Alito torches this argument in numerous ways. Here’s just one:
At oral argument, the attorney representing the employees, a prominent professor of constitutional law, was asked if there would be discrimination because of sex if an employer with a blanket policy against hiring gays, lesbians, and transgender individuals implemented that policy without knowing the biological sex of any job applicants. Her candid answer was that this would ‘not’ be sex discrimination. And she was right.
“Those who adopted the Civil Rights Act might not have anticipated their work would lead to this particular result… [But] [w]hen the express terms of a statute give us one answer and extratextual considerations suggest another, it’s no contest,” Gorsuch asininely claims: You simply rewrite the “express terms of the statute” as a majority of justices please, just as the Supreme Court did in Roe v. Wade, and reason your way backwards into a politically predetermined conclusion no matter the meanings of the words Congress thought they were writing into law. “Sex” therefore transforms into “sexual orientation and gender identity,” concepts unknown when the 1964 law was passed.
