When Anthony Kennedy discovered a right to force states to redefine marriage in the 2015 Obergefell case, he promised that religious liberty would remain untouched.
“The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered,” wrote the former justice for the majority at the time.
Yeah, right.
Thanks to Justice Gorsuch’s contorted reading of the word “sex” in anti-discrimination law, you now have a right to sue for protection for biological traits you do not possess. This means that legitimate rights of others will now have to yield. Anyone who can’t see the devastating real-world effects of this decision – well beyond firing someone simply because you hate their private behavior – is clearly not paying attention.
Codifying into anti-discrimination law the concept that a man who says he is a woman must be treated according to his mental illness is not something we can live with as a society. Gorsuch might want to dismiss the earth-shattering ramifications of his opinion, but he knows well that there are already pending lawsuits to demand that men be treated as women, in very dangerous or disruptive ways that go well beyond trying to use the boot of government to stamp out mean or discriminatory behavior.
Here is an outline of some of the most immediate threats from this decision. These are not hypothetical societal and legal problems; these issues are in contention as we speak and have now been decided by this court.
Daniel Horowitz – Conservative Review – June 16, 2020.
