When peaceful protests injure hundreds and destroy entire neighborhoods, and the coronavirus infects protesters depending on the cause they’re protesting for, words don’t mean very much.
And reality itself is under siege in the minds of the men and women who run the country.
A Southern Democrat segregationist inserted “sex” into the Civil Rights Act as a poison pill.
Rep. Howard Smith had introduced what eventually became Title VII, with a letter which asked, that since there were more women than men, “why the Creator would set up such an imbalance of spinsters, shutting off the ‘right’ of every female to have a husband of her own, is, of course, known only to nature… but I am sure you will agree that this is a grave injustice to womankind and something the Congress and President Johnson should take immediate steps to correct… especially in this election year.”
To add to the already hilarious joke, six Supreme Court justices just decided that what the Southern racist really meant by “sex” was gay and transgender because in Washington D.C. no joke is too funny that it can’t be taken seriously as a basis for judicial activism and lawsuits.
It’s still a joke, but we’re not allowed to laugh anymore.
“Few in 1964 would have expected Title VII to apply to discrimination against homosexual and transgender persons. But legislative history has no bearing here,” Gorsuch writes.
If the actual purpose and meaning of the law doesn’t matter, then what does?
What Gorsuch, Roberts and his leftist colleagues believe matters. Nothing else. Rights are as imaginary as gender and legislative history gets in the way of legislating from the bench.
The Gorsuch decision in Bostock v. Clayton County, Georgia finding that “sex” in Title VII covers any group having anything to do with sex in a trendy way has been described as “textual”. It’s only textual if you think the text of legislation should be read through a contemporary definition rather than the definition of the time. When President Taft’s wife was discussing their “gay season”, it didn’t mean gay any more than “sex” does. Except maybe according to Gorsuch.
But words can mean anything and nobody cares about facts anyway.
Gerald Bostock, who is at the center of this Supreme Court precedent, claims that he was fired for being gay while Clayton County claimed that the child welfare services coordinator had spent money meant for Court Appointed Special Advocates (CASA) at Cowtippers and F.R.O.G.S.: a cantina in Atlanta. Cowtippers does not appear in Gorsuch’s decision though it seems more germane to the question than the Los Angeles Department of Power and Water, which does.
The Gorsuch judicial activist revision of Smith’s legislation is bad news for those organizations protected by that piece of paper known as the First Amendment of the Bill of Rights.
“Compelling a religious organization to employ individuals whose conduct flouts the tenets of the organization’s faith forces the group to communicate an objectionable message,” Justice Alito notes, paraphrasing these groups.
But these days there’s a new faith in town and people are being fired left and right for flouting it. If you run afoul of social justice mobs, your job will be gone because the company that employs you will blame you for “communicating an objectionable message”. Like the worth of all lives.
There’s a new heresy in town and the social justice inquisition is always waiting. The essential premise of that faith is that everyone must be made to kneel to it or lose their heads.
“These questions are going to create a tsunami of new litigation and create a huge amount of uncertainty going forward,” Carrie Severino, president of the Judicial Crisis Network, cautioned.
“Can a Catholic school deny employment to a teacher whose sexual lifestyle blatantly flouts millennia of Catholic moral teaching? Can an Orthodox Jewish day school refuse to hire a male teacher who self-identifies as a woman, contravening traditional teaching rooted in Genesis?” Josh Hammer, Of Counsel at the First Liberty Institute, asked.
The answer is obvious and the lawsuits are inevitable. And thus Smith’s old joke translates into the effective criminalization of traditional religious morality at the institutional level. That’s the problem with writing jokes into legislation, they end up packing a hell of a punchline.
The Gorsuch decision has put the Bible on the same level as the code of the Klu Klax Klan and that great legislator’s response to the First Amendment question is that it will be settled in future cases. There’s little doubt that it will, and on the terms of Bostock v. Clayton County, Georgia.
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