In a 6-3 decision on Monday, the Supreme Court ruled that the 1964 Civil Rights Act somehow covers gays and transgenders from employment discrimination. Authored (shamefully) by Justice Neil Gorsuch, the majority opinion of the court means that from here forward, no employer can fire or refuse to hire a man-in-a-dress because of his gender identity.
Now, if you believe that should be the law of the land, that’s all fine and well. But to pretend that the lawmakers of 1964 had transgender people in mind when they penned the act? That’s the very opposite of the “textualist” approach that Gorsuch supposedly champions. This is another glaring example of the Judicial Branch stepping across the line and stealing power from Congress and the Executive.
Alas, in a society where most people know as much about the law as they do about the entomology of the red spotted jewel beetle, it was no surprise to see social justice warriors from sea to shining sea cheer the ruling. The loudest voices in the virtual room came from (where else?) Hollywood.
“This is just incredible news! A bright spot in a dark time,” tweeted “This is Us” actress Mandy Moore.
“HUGE VICTORY FOR LGBTQ RIGHTS!!! Happy Pride Everybody — the Supreme Court has decided LGBTQ people can sue for workplace bias,” tweeted Cynthia Nixon, the former star of “Sex and the City.”
“This is astonishing and very welcome news. It’s a game changer,” tweeted the endlessly annoying George Takei.
And, of course, gay celebrity icon Ellen DeGeneres said the Supreme Court ruling was nothing less than “historic.”
Well, we can’t argue with that, Ellen. It is always an historic day when the judiciary solidifies both its self-proclaimed supremacy and its inability to read the law. It’s always historic when the seven unelected Justices of the Supreme Court take it upon themselves to change the law on behalf of 350 million Americans. Historic doesn’t always translate to “good,” as 2020 has shown us quite vividly.
Beyond the progressives and Hollywood activists, however, the court’s decision was met with thundering dismay.
“Today the U.S. Supreme Court enacted a new law that adds sexual orientation and gender identity to the 1964 Civil Rights Act as ‘protected classes,’” lamented Rev. Franklin Graham. “As Justice Alito has pointed out, the majority went too far—he called it a ‘brazen abuse of our authority.’ The Supreme Court exists to interpret the law, not to make new laws—making laws is the job of our Representatives in Congress, elected by the people.”
Precisely. But when half the country believes that LGBT “rights” constitute The One True Word, distinctions about how our Constitutional Republic is supposed to run largely fall on deaf ears.