On Monday the Supreme Court ruled that Title VII of the 1964 Civil Rights Act protects gay, lesbian and transgender people from discrimination in employment. The 6-3 decision by a “conservative” court is seen as a resounding victory for LGBT rights.
“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,” Justice Neil Gorsuch wrote for the court. “Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”
An estimated 11.3 million LGBT people live in the U.S., according to the Williams Institute at the UCLA law school. The 4 “liberal” justices were joined by Chief Justice John Roberts and “strict constructionist” Gorsuch in applying the spirit of Title VII protections to 3.33% of the population who have, until this week, been denied legal justification to scam their fellow citizens.
Justices Samuel Alito and Brett Kavanaugh both wrote dissents, in the established tradition of Justice Antonin Scalia, which strongly objected to the poor reasoning and outright usurpation of the legislative function the ruling inflicted on the nations constitutional order. Like the flamboyant Nino of yesteryear, the conservative Justices surly argued their points with their 6 colleagues who ruled to extend Title VII protections to the historically persecuted LGBT community but objections based on logic, science and traditional morality were run overly by the engine of progress.
In 2015 “conservative” Supreme Court Justices had argued against the push to discount and, effectively overturned, dozens of state votes banning same sex marriage by “discovering” the right to gay union in the 18th century text of the Constitution. That watershed ruling, which also ignored the heartfelt arguments put forth by the conservative Justices, was the last time LBGT issues had been taken up by the lands highest court.
Monday’s ruling codifies the Obama administration Equal Employment Opportunity Commission’s interpretation of civil rights law that extended sex protections to sexual orientation or gender identity. It also stands as a rebuke to the Trump administration which had changed course and redirected efforts to identify and prosecute discrimination based on sex as it is traditionally understood.
LGBT activists are overjoyed with the Supreme Court’s ruling while American traditionalists were disheartened by seeing all their work to elect Republicans and support their nominated Justices lead to utter defeat. But the “strict constructionist” Gorsuch might well be using Transgender people as a fulcrum to overturn the unconstitutional Title VII and invalidate this incoherent and abusive piece of legislation.
For example, the Title VII law starts with definitions and here is the first of many:
“(a) The term "person" includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 [originally, bankruptcy ], or receivers.”
Here is another example a few pages later:
“(g) The term "commerce" means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.”
This “law” goes on like this for page after page of totalitarian rules that effect everyone but can be applied selectively based on perceived need and desired result. Most Americans simply work around the laws dictates and muddle through their work as best they can hoping that no employees target them for a law suite. The US Congress has established a slush fund to pay off disgruntled employees and forces them to sign non-disclosure agreements in return for monetary compensation to settle disputes. Large Corporations have entire HR departments to deal with and brush off disgruntled employees who cause.trouble for “the team” and they spend a lot of money solving Title VII problems. Small businesses and individuals, on the other hand, have no slush fund or HR department and pay a terrible price to meet the mercurial terms “defined” in this law.
Now, thanks to the Court, businesses, institutions and families will be subject to a whole new class of litigants suing them for LGBT discrimination. This burden will force the Congress to finally act and reform or eliminate this cumbersome and whimsical law through new legislation.
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