Another tool for the left to use against all those who refuse to kneel to the god of liberalism.
Posted on 06/15/2020 5:28:16 PM PDT by karpov
Congratulations to Chief Justice Elena Kagan on her big win Monday at the Supreme Court on gay and transgender rights in Bostock v. Clayton County. Ok, she isn’t the Chief, but she might as well be as her redefining of Antonin Scalia’s jurisprudence prevailed in a startling 6-3 ruling that included Chief Justice John Roberts and Justice Neil Gorsuch.
Justice Kagan didn’t write the majority opinion, but her views are all over Justice Gorsuch's opinion that essentially rewrites Title VII of the 1964 Civil Rights Act. That law bars discrimination in employment on the basis of “race, color, religion, sex, [and] national origin.” But in oral argument, Justice Kagan redefined “sex” in Title VII to mean more than the binary choice of a man or woman. Justice Gorsuch bought the argument, and in the process he usurps Congress and distorts the textualist school of jurisprudence that he claims to follow.
There is no evidence that Congress or the public in 1964 understood gender identity and sexual orientation to be the same as biological sex. Mores have changed for the better, and Congress would have added gender and sexual orientation to the law sooner rather than later. But all 10 appellate courts that considered whether “sex” covered gender identity and sexual orientation before 2017 held that it did not.
The Court has now rewritten the law itself. While Justice Gorsuch concedes that “homosexuality and transgender status are distinct concepts from sex,” he says “discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.”
But animus toward gays or transgender people isn’t based on their biological sex. People hostile to gays aren’t necessarily sexual chauvinists.
(Excerpt) Read more at wsj.com ...
“All laws that are repugnant to the Constitution are null and void.”
Marbury v. Madison
This was back before the court had all the Marxists on it!
Regardless of who makes some asinine ruling like the one SCOTUS did the other day, (limits on church attendance) .. rulings like that one are unconstitutional and only by the people obeying these types of rulings can they stand!
Looks like the people have given up their rights in all areas.
The Constitution Does Not give the people any Rights .. those come from God!
The Constitution is a limit on the Government .. by the People!
Seems that various members of the courts, including the SCOTUS and especially John Roberts missed that part of the lesson in law school!
Some of us have been predicting the end of women’s sports as a result of all this transgender nonsense. That might come about even faster than I could have imagined.
more likely blackmailed.
The problem is that we have four Justices who do not care about the Constitution or law.
Any mistake by moderates becomes Law.
Yeah, two moderates erred here. Would be no problem if the court was balanced though.
I am reminded of the dude up in Canada last year who “self-identified” as a woman so he could get a lower premium on his auto insurance. LOL.
I said that the other day. The answer is not at the polls anymore. The answer is in the streets, as harsh as that sounds. Even when we win we lose.
Action will be needed. That is unfortunate
Soooo, how’s all that “proven originalist” stuff working out for Gorsuch’s fan club on FR?
The CRA 64 has been perverted. Far from its intent
It was “equal opportunity” not “diversity” or “transgender” or “gay” BS
Sickness
I agree. I have been saying for a while on FR that Trump is 0-2 for SCOTUS appointments, but my complaints have fallen on deaf ears. Loads of FReepers seem to believed any judge Trump appointed was golden. Odd they opposed his AG nominee, THAT guy is far more conservative than either Trump SCOTUS judge is.
So it has been since Reagan was in office. It's been, what, 31 years?
As long the nation continues heading down its current path the country will fall into ruin. Mark my words, only a true heaven sent revival will reverse the course, and according to my Bible that's not about to happen. We are now living in the days of the Laodecian church, and judgment is about to strike.
Looks like Trump has failed to change the balance of the court, despite a very good effort.
If Trump gets four more choices, maybe he can tip it 5 to 4.
As I have always noticed, democrat presidents never miss when they appoint a leftist judge. His judge never flips to conservative.
Republicans presidents, on the other hand, rarely get to appoint a conservative who does not flip to the left.
They’re using bailey and motte arguments to twist the meaning of words, and that was very intentional. They could have ruled on 2 cases to say you can’t fire a man for being homosexual and left OUT transgenderism.
They’re using bailey and motte arguments to twist the meaning of words, and that was very intentional. They could have ruled on 2 cases to say you can’t fire a man for being homosexual and left OUT transgenderism.
Instead, they choose to engage in the liberal lie that lesbians, homosexual men and crazy dudes in dresses who typically chase lesbians have something in common.
Time for Trump to add 3 more justices
It’s possible that they could have tried to blackmail Thomas as well but since they shot their wad at his confirmation and missed, they got stuck with an implacable foe with nothing to lose.
Never call this a conservative court. It’s a total lie.
I guess it will all come to marriage, eventually, andshacking up, too. How could it not? Discrimination in the choice of a mate is just as unConstitutional in the modern use of it as is race and sex discrimination. The answer, of course, is for the government or perhaps Google using AI to assign each stipulated adult a mate in conformity with requirements of diversity.
He’s 0-2 with his first two justices. What makes you think the next three will be any better?
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
We need a president who respects the word of God. Trump doesn't. Gorsuch belonged to a church that welcomed gay marriage. He shouldn't have even been on the radar. Trump's top ‘spiritual’ adviser is prosperity preacher Paula White. Talking the Christian talk gets him votes (maybe not as many this time) but he has a ways to go as far as truly walking the walk.
Interesting how this decision, which is truly repulsive as far as the character of the country goes, just flew under the radar as the news follows all the other orchestrated calamities going on.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.