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By H. von Spakovksy & R. T. Anderson, The Stream, June 15, 2020
Ryan T. Anderson, Ph.D., is the William E. Simon Senior Research Fellow in American Principles and Public Policy at The Heritage Foundation, where he researches and writes about marriage, bioethics, religious liberty and political philosophy. Anderson is the author of several books and his research has been cited by two U.S. Supreme Court justices in two separate cases.
In what dissenting Justice Samuel Alito called one of the most “brazen abuse[s]” of the Supreme Court’s authority, a six-member majority of the court led by Justice Neil Gorsuch has rewritten Title VII of the Civil Rights Act of 1964 to include sexual orientation and gender identity in the definition of “sex.”
Why bother trying to pass the proposed Equality Act when you can get the justices to make law for you?
Title VII prohibits an employer from failing or refusing “to hire or to discharge any individual, or otherwise to discriminate against any individual … because of such individual’s race, color, religion, sex, or national origin.”
Gorsuch — joined by the four liberal justices, along with Chief Justice John Roberts — decided that employment decisions that take any account of an employee’s sexual orientation or gender identity necessarily entail discrimination based on sex in violation of Title VII. …