Something is going to have to give when it comes to gender in this country. We’ve lost our minds over it. There are now layers of nonsense, several precedents and many decades deep, piled over our basic constitutional framework. Congress is in danger of passing the Equality Act next, which would prohibit discrimination on the basis of sexual orientation and gender identity in employment and housing, casually dropping a nuclear bomb on religious liberty in the process. All of this is based on an unhinged philosophy with exactly zero basis in reality. It can’t be allowed to stand.
Title VII of the 1964 Civil Rights Act prohibits employers from discriminating against employees “because of…sex.” In Bostock v. Clayton County last year, the Supreme Court decided that this also means no one can get fired for being gay or transgender. Justice Neil Gorsuch made a tortured argument that “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against the individual based on sex.” For example: gay men do things (like sleep with and marry men) that women also do. So if you fire a man for marrying a man you have fired him when you wouldn’t have fired a woman under the same circumstances.
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