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Wednesday, June 17, 2020

SCOTUS Rules for More Genders


For John, BLUFThis is, to me, about balancing rights.  I am not sure the US Supreme Court got this right.  I am sure this will come up again, asking for clarification.  Nothing to see here; just move along.




From PJ Media, by Columnist Tyler O'Neil, 15 June 2020.

Here is the lede plus two:

On Monday, the U.S. Supreme Court ruled that discrimination on the basis of sex includes discrimination on the basis of sexual orientation and gender identity in the case of Bostock v. Clayton County (2020).  In a powerful dissent joined by Justice Clarence Thomas, Justice Samuel Alito condemned the ruling as “preposterous” and betraying “breathtaking” arrogance.  He noted that Congress has tried and repeatedly failed to amend Title VII of the Civil Rights Act of 1964 in just this fashion and that no one interpreted the law this way until 2017.  In this decision, as in Roe v. Wade (1973) and Obergefell v. Hodges (2015), the Supreme Court usurped the power of Congress by making “legislation.”

Perhaps most importantly, however, Alito warns that the decision will have wide-ranging destructive impacts on key freedoms Americans hold dear, and he predicts that “the entire Federal Judiciary will be mired for years in disputes about the reach of the Court’s reasoning.”

“As the briefing in these cases has warned, the position that the Court now adopts will threaten freedom of religion, freedom of speech, and personal privacy and safety.  No one should think that the Court’s decision represents an unalloyed victory for individual liberty,” Alito warns.  His dissent lays out seven different realms of American life that will be affected by this ruling.

The seven areas enumerated include:
  1. Bathrooms and changing rooms
  2. Women’s sports
  3. Housing
  4. Religious employment
  5. Health care
  6. Freedom of speech
  7. Constitutional claims
Justice Sam Alito says:
The updating desire to which the Court succumbs no doubt arises from humane and generous impulses.  Today, many Americans know individuals who are gay, lesbian, or transgender and want them to be treated with the dignity, consideration, and fairness that everyone deserves.
So, when we fail to act, as individual Americans, with grace and dignity, and to afford our fellow citizens courtesy and rights, we get lawyers trying to craft rules to fix the problem,  That doesn't always turn out well.

But, congratuatoins to those who sued.  You won fair and square in the highest court in the land.

Hat tip to the InstaPundit.

Regards  —  Cliff

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