What’s Wrong with Bostock, by Michael Pakaluk

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By Michael Pakaluk, The Catholic Thing, June 23, 2020

Michael Pakaluk, an Aristotle scholar and Ordinarius of the Pontifical Academy of St. Thomas Aquinas, is a professor in the Busch School of Business at the Catholic University of America. …


Michael PakalukI believe firmly that everything important can be said, not in three words, as Wittgenstein maintained, but in 1000 or less. Therefore, I wish in today’s column to explain the reasoning in the Supreme Court’s recent decision in Bostock, and what is principally wrong with it.

It is important to criticize the Court’s reasoning, because, in a misguided high-mindedness, it holds that any lamenting of the practical consequences of its decision belongs to the realm of policy rather than to what the law says.

The Court holds that, as a matter of undeniable, logical consequence, to discriminate in employment because of someone’s homosexual orientation or transgender status is to discriminate because of sex, and thereby violates Title VII of the 1964 Civil Rights Act.  …

Read more here:  https://www.thecatholicthing.org/2020/06/23/whats-wrong-with-bostock/