Neil Gorsuch Helps Transform the Supreme Court Into the Supreme Legislature on LGBT Rights
In what dissenting Justice Samuel Alito called one of the most “brazen abuse[s]” of the Supreme Court’s authority, a six-member majority of the court led by Justice Neil Gorsuch has rewritten Title VII of the Civil Rights Act of 1964 to include sexual orientation and gender identity in the definition of “sex.” Why bother trying to pass the proposed Equality Act when you can get the justices to make law for you? Title VII prohibits an employer from failing or refusing “to hire or to discharge any individual, or otherwise to discriminate against any individual … because of such individual’s race, color, religion, sex, or national origin.” Gorsuch — joined by the four liberal justices, along with Chief Justice John Roberts — decided that employment decisions that take any account of an employee’s sexual orientation or gender identity necessarily entail discrimination based on sex in violation of Title VII. A Giant Leap In Bostock v. Clayton County, Georgia, which wa...