I see you point but pause for a minute to consider not the result of this decision, but the basis. The basis is that the judiciary is making law, which erodes the principle of separation of powers. Our liberty is completely dependent on the separation or powers, on each branch of the government doing only that role tat was assigned to it. Once the government decides that governance is a free for all where only the result matters, we are doomed.
I think you would really like this:
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/morrison.html
Skip down to “JUSTICE SCALIA, dissenting.”
Unfortunately, “perceived sex” or “transexuals” are not written into the Civil Rights Act.
When being literal for your basis, I fail to see how anyone can read these terms into the word, “sex.”