Gorsuch’s Textual Revolution

Just ice Neil Gorsuch’s opinion in Bostock v. Clayton County redefines the word “sex” in Title VII of the Civil Rights Act of 1964 to include “sexual orientation” and “gender identity.” Relying on few precedents and needlessly long at 33 pages, it has only one point to make. It is what he portrays as a simple syllogism, joyously and triumphantly quoted by every media source: “[i]t is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.” And the media is not wrong to quote only that one sentence. It is an accurate statement, summary, and full portrayal of the decision. Along with its other unique qualities, this is a Supreme Court opinion of one thought—or just one word, according to Justice Alito in dissent: “There is only one word for what the Court has done today: legislation.” Read Full Article »