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By Rachel Alexander, a senior editor, The Stream, June 16, 2020

Rachel Alexander is a senior editor at The Stream. She is a political columnist and the founder and editor of Intellectual Conservative.

Rachel AlexanderIn a surprisingly decisive 6-3 decision, the U.S. Supreme Court expanded the Civil Rights Act of 1964 to include gays, bisexuals and transgenders. Title VII prohibits discrimination based on race, color, religion, sex and national origin. In 1964, Congress intended “sex” to refer to bias against men or women. It did not intend the word to include sexual orientation and gender identity.

Trump appointee Justice Neil Gorsuch wrote the opinion for the majority in Bostock v. Clayton County, Georgia. He claimed that the word “sex” was meant broadly when the law was drafted.

In his dissent, Justice Samuel Alito Jr. said the court had abandoned its judicial role and was now legislating. Justice Clarence Thomas joined in his dissent. The court was not merely interpreting a statute. 

Alito called the decision “preposterous.” It betrayed “breathtaking” arrogance. He noted that Congress has tried for years to amend the law with no success. The American people didn’t want the law expanded. The court essentially legislated for the American people, over their wishes.  …

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