By Dr. James Dobson
June 15, 2020 — In an outrageous ruling that should shake America’s collective conscience to its core, the U.S. Supreme Court has redefined the meaning of “sex” under Title VII of the Civil Rights Act to include “gender identity” and “sexual orientation.” Not only was this decision an affront against God, but it was also a historical attack against the founding framework that governs our nation.
Our judiciary is constitutionally charged with interpreting the law, not making law. In its 6-3 ruling, the Supreme Court acted as a super-legislature and failed to carry out its primary duty to the American people. And we will all pay the price.
Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of “race, color, religion, sex, or national origin.” “Sex”, as used in Title VII means “male and female,” a simple fact supported by the overwhelming weight of legal authority. Any change to its statutory meaning must come from Congress, and Congress has refused to make such a change for the last 45 years. What gives six justices the right to decide otherwise? Not the Constitution!
In his dissent, Justice Alito writes that the majority decision “is like a pirate ship. It sails under a textualist flag, but what it actually represents is a theory of statutory interpretation…that courts should ‘update’ old statutes so that they better reflect the current values of society.” In plain words, it’s not the job of the high court to infuse new meaning into the laws of our land. Americans should be able to rely on what the law says. Instead of upholding this commonsense principle, the Court issued a decision that hurts women, ignores biological reality, and calls into question the future of First Amendment freedoms of expression and belief.
Justice Alito laid out the potential consequences of today’s ruling—the end of sex-specific bathrooms and locker rooms; allowing biological men to compete in women’s sports and earning scholarships set aside for women; lawsuits against colleges that refuse to assign opposite-sex students as roommates; punishment for churches who require employees to adhere to biblical models of human sexuality; mandatory coverage for “sex reassignment” surgeries (better described as gender mutilation); and that’s just the beginning.
If there was any question that our country is in the midst of a spiritual war over its very heart and soul, this abhorrent decision removes any shred of doubt. In one of the most difficult seasons for our nation, this is an incredibly dark day and must be countered with great prayer.