In a 6-3 opinion on Monday, the U.S. Supreme Court redefined the word ‘sex’ to include sexual orientation and gender identity. How will this decision impact women’s shelters, schools, businesses, the church and Christian ministries?
Joining Jim to look at this matter was Mat Staver. Mat is a constitutional attorney, founder and chairman of Liberty Counsel. Mat has argued before all levels of court including landmark cases before the U.S. Supreme Court. He’s an author and the speaker on the radio programs, ‘Faith and Freedom’ and ‘Freedom’s Call.’
Mat noted that in the past, 10 Appeals Courts consistently said that the term ‘sex,’ as it pertains to employment and non-discrimination in relation to Title VII of the 1964 Civil Rights Act, only applies to male and female.
Eventually 3 cases became the focal point for the current Supreme Court decision. One Court of Appeals went the correct way, consistent with the 10 already mentioned, while two went the other way.
So basically this is about statutory interpretation. Does the 1964 law that says you can’t discriminate on the basis of sex include sexual orientation and gender identity. Judge Gorsuch, writing the majority opinion, determined that this is the case.
In essence, the Supreme Court has judicially amended the 1964 law in spite of the fact that it clearly states that it only applies to male and female. This was also done despite decades of time when Congress had other opportunities to include sexual orientation and later gender identity into that same law.
This appears to be the ultimate denial of the separation of powers. Become informed on this interesting debate, and hear what listeners had to say, when you review this edition of Crosstalk.