Activist judges triumph in new SCOTUS ruling

Wednesday, June 17, 2020
 | 
Tim Wildmon - Guest Columnist
http://www.afa.net
Wildmon

Monday's Supreme Court ruling marks yet another in a growing list of betrayals of the U.S. Constitution by those sworn to uphold it. The separation of powers created by that document is not only nonnegotiable, it is the very heart of our republic.


On Monday, the U.S. Supreme Court bypassed Congress and by judicial fiat inserted sexual orientation and gender identity into Title VII of the 1964 Civil Rights Act.

The high court issued its 6-3 ruling in Bostock v. Clayton County, Georgia, a decision that consolidated a total of three cases into one. The ruling shocked conservatives because joining the liberal wing of the court were two supposed constitutional justices –– Chief Justice John Roberts and Justice Neil Gorsuch, who penned the wording of the decision.

The 1964 law prohibits discrimination on the basis of a number of characteristics, including "sex." Gorsuch admitted that the meaning of the word as written referred "only to biological distinctions between male and female" –– not sexual orientation and gender identity, as the plaintiffs claimed.

Nevertheless, Gorsuch proceeded to create a loophole through which he drove the legal result he desired.

Justice Gorsuch claimed he followed a strict textual interpretation of Title VII, which he said required the addition of sexual orientation and gender identity as protected classes in federal law.

Justice Samuel Alito, in his dissenting opinion, issued a scathing response to Gorsuch. Alito wrote:

The Court attempts to pass off its decision as the inevitable product of the textualist school of statutory interpretation championed by our late colleague Justice Scalia, but no one should be fooled. The Court's opinion is like a pirate ship. It sails under a textualist flag, but what it actually represents is a theory of statutory interpretation that Justice Scalia excoriated––the theory that courts should "update" old statutes so that they better reflect the current values of society.

Justice Alito further dissented stating, "There is only one word for what the Court has done today: legislation. The document that the Court releases is in the form of a judicial opinion interpreting a statute, but that is deceptive. … A more brazen abuse of our authority to interpret statutes is hard to recall."

This Supreme Court ruling marks yet another in a growing list of betrayals of the U.S. Constitution by those sworn to uphold it. The separation of powers created by that document is not only nonnegotiable, it is the very heart of our republic. By clearly legislating from its bench, what the high court has done is remove yet another brick from the wall meant to defend the country against the prospect of tyranny. If the Supreme Court does not care about what the Constitution says, why should anyone else?

Those who love and respect the founding document of our republic must continue to call out these abuses and to fight and protect the First Amendment freedom of religious liberty allowing Christians to share the gospel freely. There are forces intent on destroying the greatest freedom experiment in human history, and true patriots must peacefully continue to uphold the principles that have made this country so great.


Tim Wildmon (contact@afa.net) is president of the American Family Association in Tupelo, MS. This column appeared originally on The Stand, the official blog of the American Family Association.

This column is printed with permission. Opinions expressed in 'Perspectives' columns published by OneNewsNow.com are the sole responsibility of the article's author(s), or of the person(s) or organization(s) quoted therein, and do not necessarily represent those of the staff or management of, or advertisers who support the American Family News Network, OneNewsNow.com, our parent organization or its other affiliates.

We moderate all reader comments, usually within 24 hours of posting (longer on weekends). Please limit your comment to 300 words or less and ensure it addresses the article - NOT another reader's comments. Comments that contain a link (URL), an inordinate number of words in ALL CAPS, rude remarks directed at other readers, or profanity/vulgarity will not be approved. More details

SIGN UP FOR OUR DAILY NEWS BRIEF

SUBSCRIBE

FEATURED PODCAST

VOTE IN OUR POLL

The biggest highlight from the final presidential debate was…(Pick up to two)

CAST YOUR VOTE

GET PUSH NOTIFICATIONS

SUBSCRIBE

LATEST AP HEADLINES

  Trump begins intense rally circuit: Biden???...not so much
  Early vote total exceeds 2016; GOP chips at Dems' advantage
Senate votes to advance Barrett; confirmation expected Mon
Pence to keep up travel despite contact with infected aides
New storm Zeta a hurricane threat to Mexico, US Gulf Coast

LATEST FROM THE WEB

L.A. Times targets MacArthur's church by labeling 3 COVID-19 cases an 'outbreak'
James Dobson calls out Biden's 'lunacy' on transgenderism
Are recent fear mongering reports of COVID surges an attempt to suppress in-person voting?
The morning briefing: Drooling idiot Biden sent back to basement just 9 days before election
Cue media meltdown: White House chief Mark Meadows says we will treat COVID-19 like every other respiratory virus

CARTOON OF THE DAY

Cartoon of the Day