We are at an inflection point in the fight for transgender equality, what I have called the civil rights issue of our time. And it’s not just a singular case of identity, it’s about freeing the soul of America from the constraints of bigotry, hate, and fear, and opening people’s hearts and minds to what binds us together.–Former Vice President Joe Biden in a foreword to a 2018 book by a transgender activist.
Over the years I have from time to time suggested that the single most defining issues of the 21st century will not be about war and peace or other demanding geopolitical problems, but rather about what it means to be human. Well, Joe Biden is doing his part to advance such issues, and now we have, in the case of Bostock v. Clayton County, a Supreme Court decision in which Justice Neil Gorsuch, writing for the majority, has updated the meaning of “sex” in the Civil Rights Act of 1964 to include sexual orientation and gender identity. Another victory for the “Constitution of 1964” over the Constitution of 1788 (see review of Christopher Caldwell’s book in this issue). And as with other aspects of the unforeseen consequences of the civil rights revolution of the 1960s, it would surprise even the most aggressive civil rights warriors of that era because there is absolutely no evidence that Congress or the people in 1964 understood gender identity and sexual orientation to be the equivalent of biological sex. And in dissent, Justice Alito argued in this case that it has long been understood under the law that sexual orientation and identity are distinct concepts from sex.
But so much for what it means to be human, and the ramifications in terms of consequences are mind-boggling. Just start with the fact that there are probably hundreds of federal laws that prohibit sex discrimination–the plaintiff bar will have a newly expanded gold mine! Much better to have left the law alone and let Congress and the people decide if and how to fix it. Meanwhile, Chief Justice Roberts continues his drift into “living Constitution land” and his support of the majority was no surprise here, but Justice Gorsuch, who is supposed to be a staunch originalist, was a big disappointment, and in reviewing other decisions across the board for this term, this is certainly not the reliably conservative court many had expected.
He or she who controls the language controls the argument.
SO sad!
A SCOTUS majority has over-ruled, re-defined biology and the genetic code.
Now in addition to moral relativity we have biological relativity.
The issues of race and gender are being lumped together. Only the Creator has the right to state His intent:
All races are His creation, & there is no partiality with God.
Male and female are His creation, & there is no partiality with God.
The Creator does not tolerate usurpation of His right to decide.
This is a reply to your comments on civil rights and gay rights under the Bostock case and the review of the book The Age of Entitlement by Caldwell. You might read the book review on line by Benjamin Waterhouse titled “Blaming all of America’s problems on the civil rights movement”. The review takes down the book very effectively. Waterhouse states that it is a white grievance book. It appears that you confirm this by saying that a significant quote from the book is “free institutions ae next to impossible in a country made up of different nationalities”. It has long been stated that the strength of American is in its diversity and that it is a melting pot. It would appear that you and Caldwell would disagree. Trump would love this book if he read books. His now support for the confederate flag blends well with the rejection of the great legislation of LBJ including the Civil Rights Act, Voting Rights Act, immigration reform, education reform, medicare and Medicaid and much more. I am part of a group that is building LBJ Monument Park next to the federal courthouse. It is led by Charles Foster the great immigration lawyer who led the group which created the statues of Bush Sr and James Baker. If you want to donate to this effort send to Greater Houston Community Foundation 515 Post Oak Blvd suite 1000 Houston 77027. Construction has started in case you want to protest the park.
A monument to LBJ? We already have one–the monumental failure of his “Great Society”.
If the Act covers sexual orientation will bestiality be next?
Mr Redford, our strength in diversity is not through diverse nationalities. We are of one nation, or at least we should be, and should adhere to the ideals of freedom, rule of law and our Constitution. We cannot and should not, attempt to accommodate the political beliefs and views of other nations within our own system. Citizens of multiple North African nations currently tolerate the enslavement of an estimated 100,000 black Africans. WHO estimates that 30 African nations’ citizens have tolerated the genital mutilation of 200 million girls. In Great Britain there is a history of the kidnapping, murder and mutilation of children by certain nationalities for religious reasons. Mexico, Central America and South America have been corrupt for centuries. These are all examples of the beliefs of nationalities. I doubt you want these nationalities bring these belief systems to our shores.