On the Continuum of Sex
SIMPLE & QUICK: Trans Americans enjoy legal protections on the basis of sex and so conservatives meltdown because it is all just too complex
It is Supreme Court decision season and SCOTUS handed down a fundamental, watershed decision regarding LGBTQ+ Americans and discrimination law last Monday. The 6-3 ruling received double-takes across the political spectrum from conservative to liberal Americans. If you have not already, please review the landmark ruling including the three debated cases. In short, the new scope in understanding of Title VII in the Civil Rights Act of 1964 extensively extends equity protections for LGBTQ+ Americans.
Conservatives railed against the decision, claiming Gorsuch contextually false on textualism. Gorsuch purposefully penning the opinion sparked furious anger in the President’s Christian base. Trump promised judges that would return America to the cultural proclivities of the Silent Majority. Instead, the “gay agenda” has advanced yet again— and because of a Trump justice! The broad decision covers transgender Americans, too, which will no doubt incite further backlash in conservative social circles. Beyond lobbing hate Tweets at Trump and Gorsuch, conservatives also cringe at Chief Justice Roberts, who they now see as siding with liberals on social issues.
Flabbergasted liberals found a new friend in the Top Court. Or two. The conservative Chief Justice assigned archconservative Justice Neil Gorsuch the duty of penning the Majority Opinion on the basis of sex. If this sounds familiar, it is the essence of Title VII— and the title of a recent Ruth Bader Ginsburg biopic. In short, an individual’s sexuality and sexual identity are not relevant factors in regards to employment decisions in the same way one’s biological sex is not relevant. Therefore, it is impossible to not violate Title VII if denying, revoking, or basing employment (etc) decisions on someone being lesbian, gay, bisexual, transgender, or otherly queer.
The reverberations of the ruling will resound globally and surely be felt in the daily lives of millions of Americans. There will be updates made to history books, civics classes, and case law. Other Laws will be updated— here’s looking at you Title IX of the Higher Education Act of 1965. Americans will lose fear of being terminated from employment because they joined the wrong softball team. Americans will soon lose fear of being terminated from employment for transitioning to match their identity. Americans will lose fear of being evicted for simply being themselves at home. A lot of power behind tactical fear used to diminish, detract, derail, and/or destroy human lives will cease to exist— a lot of justice owed will now prevail.
Going forward, future generations of LGBTQ+ Americans will experience life without many of the traumatic experiences unjustly thrust into their individual development and daily lives. Experiences that plagued the community. Of course, one cannot legislate change in the heart and minds of people who prefer hatred. But today, the Law of the Land in the United States of America does back a life lived with Pride.