Imagine if Sonia Sotomayor, once she got on the Supreme Court, started ruling like Clarence Thomas. I know, I know, that’s like something out of The Twilight Zone or the Babylon Bee. But try to picture it. There’d be riots on the campus of every school she’d attended, and likely in DC, too. Democrats would drawing up articles of impeachment, and speaking of packing the court. And whatever social justice thinktank vets SCOTUS appointees for the Democratic National Committee would start chopping off heads. Scapegoats would be piling up on the unemployment line like pork chops at a slaughterhouse. But that’s precisely what just happened with Neil Gorsuch (and less, surprisingly, John Roberts) in the Bostock decision. A 6-3 majority affirmed an outrageous piece of sophistry. As I wrote at the Stream, they:‘ruled that the Civil Rights Act outlaws discrimination against homosexuals and “transgenders”, because that law has the word “sex” in it. No, seriously.‘The Congress in 1964 had no notion whatsoever of including “sexual activities” or “imaginary sexual identities” when it passed the Civil Rights Act. Laws banned homosexual activity in 49 of 50 states. No member of Congress suggested the law had such implications. Till the Obama administration got the bright idea of outflanking an unwilling Congress, no court ever ruled so.’This ruling won’t just protect gay employees who want to teach courses on marriage at Baptist seminaries. (Gorsuch offered no comfort to those with religious liberty fears. They’ll just have to sue and get sued, he flippantly wrote.) It will unleash on every employer the ‘diversity machine’ that currently drives ‘sensitivity training’, de facto hiring quotas, and ‘hostile workplace environment’ suits. Don’t hang that crucifix in your Italian-American bakery, unless you’re ready to fight LGBT-boosting white-shoe law firms all the way to SCOTUS, folks.
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