What does a judge do? Well, judges read laws. Supposedly, they try to understand what the writers of a law intended. Then they apply the meaning of a law to an actual situation. Unfortunately, some judges do not have the wisdom to read the law as written. Instead of just applying the meaning of a law as written, some judges “rewrite” a law by changing the meaning of words. What follows is an example of judges changing the meaning of one word, in this case the word “sex”.
Here are some news articles on the big, earthshattering, milestone, landmark case.
- Ruling on LGBTQ rights once again reveals precarious nature of Supreme Court’s conservative majority (usatoday.com)
- In landmark case, Supreme Court rules LGBTQ workers are protected from job discrimination (nbcnews.com)
- Shannon Bream breaks down Supreme Court’s big LGBT rights decision: ‘This is going to be a big change’ (foxnews.com)
- Civil Rights Law Protects Gay and Transgender Workers, Supreme Court Rules (nytimes.com)
The Fox News article summarized the decision this way.
The Civil Rights Act bars employers from discriminating against employees on the basis of race, sex, color, religion or national origin.
“What the court had looked at is whether or not that generic term ‘sex’ — say you hire only men and you won’t hire any female employees. That seems like a pretty clear cut case for people,” Bream explained. “So what we’re asking in 2020 now is the question of whether that word ‘sex’ means LGBTQ employees, whether it specifically extends [to] if you take adverse employment discrimination against someone because they are transitioning, [or] because they are gay.
“In a 6-3 decision authored by one of the newer justices, Neil Gorsuch, he said, ‘Yes, Title VII does apply to those situations.” (from here (foxnews.com))
Since dictionaries are “living documents”, I decided to go back to one published 1956, Funk & Wagnalls New Practical Standard Dictionary of the English Language. Here is how Funk & Wagnalls defined “sex”.
- The biological distinction between male and female; the character of being male or female.
- Males or females of a group, collectively; especially men or women.
- Women in general; womankind: usually with the definite article, The Sex.
There are two sexes, and we distinguish between the sexes primarily to protect the rights of women from men. What is LGBTQ all about? Well, here is how Merriam-Webster (merriam-webster.com) defines it LGBTQ.
lesbian, gay, bisexual, transgender, and queer/questioning (one’s sexual or gender identity)
//the city’s LGBTQ community
Does anyone seriously think that in 1964 Congress intended the 1964 Civil Rights to protect protect gay, lesbian, and transgender employees from discrimination based on sex? What do the categories of gay, lesbian, and transgender have to do with the definition of sex?
What this decision does is conflate the traditional, plain and simple definition sex with the weird and convoluted modern definition of gender (merriam-webster.com). Therefore, read the definition of gender. Then wonder. How is anyone going to do anything as simple as putting together a girls softball team? Or imagine advertising for a roommate. You want a female roommate? Will it be legal to refuse a guy who calls himself a gal?
Don’t agree? Don’t think this foolish judicial decision will create trouble? Check out SCOTUS’s Transgender Ruling Firebombs The Constitution (thefederalist.com) and Supreme Court Validates LGBT Protections On Grounds LGBT Activists Reject (thefederalist.com). Because such decisions confuse the meaning of words, they produce confusion and chaos, not clarity.