A Striking Display of Sophistry, by R. R. Reno

By R. R. Reno, First Things, 6 . 16 . 20

The Supreme Court’s decision in Bostock v. Clayton County offers a striking display of sophistry in service of the spirit of the age. The Court had to rule on whether Title VII of the 1964 Civil Rights Act bars employment discrimination on the basis of sexual orientation and gender identity. The 6-3 decision held that the Act does indeed forbid such discrimination. The effect will be dramatic. This decision hands LGBT activists the coercive machinery of civil rights law.

Justice Neil Gorsuch wrote the majority opinion, which is said to be a straightforward textualist interpretation. Title VII stipulates that it is unlawful “for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” There is no mention of sexual orientation or transgenderism. But Gorsuch has a clever argument. He notes that if a man identifies as a woman and is fired for doing so, then he is being fired for something that would be entirely OK if he were a woman.  ….

Read more here:  https://www.firstthings.com/web-exclusives/2020/06/a-striking-display-of-sophistry