Kavanaugh’s dissent is somewhat baffling. His issue seems to be more with a technical issue than the substance of the case.
“Notwithstanding my concern about the Court’s transgression of the Constitution’s separation of powers, it is appropriate to acknowledge the important victory achieved today by gay and lesbian Americans. Millions of gay and lesbian Americans have worked hard for many decades to achieve equal treatment in fact and in law. They have exhibited extraordinary vision, tenacity, and grit—battling often steep odds in the legislative and judicial arenas, not to mention in their daily lives. They have advanced powerful policy arguments and can take pride in today’s result. Under the Constitution’s separation of powers, however, I believe that it was Congress’s role, not this Court’s, to amend Title VII. I therefore must respectfully dissent from the Court’s judgement”
I guess I don’t see why his statement is baffling. Looks to me like he’s just saying, “Let’s not legislate from the bench. Let’s have the legislative branch do the legislating.”
That’s not a technical issue at all. That’s the very substance of the case. It is NOT the Court’s role to change the meaning of a statute to suit its desires. It is up to Congress to do that. At least in a world where the law and our Constitution mean anything.