FACTS

    The Supreme Court ruled this week that Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination against someone on the basis of sex, includes “sexual identity and transgender status.” The conservative-majority Court made the ruling in a 6-3 vote, and the decision was written by President Trump’s first appointee, Neil Gorsuch. The case involved Aimee Stephens, since passed away, who argued that the funeral home she formerly worked for fired her after she disclosed she was transgender.

    LEFT

    The Left celebrates the ruling, with gay and transgender rights activists declaring this issue “a highly significant one, even more important than the fight to get the right to marry.” House Speaker Nancy Pelosi and presidential candidate Joe Biden both expressed their support for the decision, with Biden calling it “a momentous step forward for our country,”. Rolling Stone wrote, “Today’s decision is a major victory for LGBTQ rights, perhaps the greatest in American history because of its broad sweep and undeniable implications.”

    RIGHT

    The decision came in opposition to President Trump, who had urged the Court to rule that sex discrimination does not include sexual orientation or gender identity. Justice Samuel Alito decried the decision and wrote that “there is only one word for what the Court has done today: legislation.” The funeral home involved argued that “treating men and women equally does not require employers to treat men as women” and that “its actions did not disfavor one sex compared to the other.” The Department of Justice echoed this sentiment: “The ordinary meaning of ‘sex’ is biologically male or female; it does not include sexual orientation.”

    “Even Supreme Court justices are not immune from the influence of ‘elite’ public opinion. Sadly, it may have swayed the analysis of this case.”

    Travis Weber, Family Research Council
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