As you may have heard, the Supreme Court today ruled 6-3 that LGBTQ people are protected under federal employment discrimination laws.
Two of the Republican judges, Neil Gorsuch and John Roberts, joined the court’s Democratic appointees to deliver the surprising victory.
Clarence Thomas, Samuel Alito, and #beerboy Brett Kavanaugh were the dissenting justices. Which… totally makes sense.
“Both the rule of law and democratic accountability badly suffer when a court adopts a hidden or obscure interpretation of the law, and not its ordinary meaning.”
Blah blah blah. He then blathered on a bit, making a few eye-rolling points in defense of his ruling.
But it was the final paragraph of his dissent that caught my eye and gave me a flash of hope:
“Notwithstanding my concern about the Court’s transgression of the Constitution’s separation of powers, it is appropriate to acknowledge the important victory achieved today by gay and lesbian Americans. Millions of gay and lesbian Americans have worked hard for many decades to achieve equal treatment in fact and in law. They have exhibited extraordinary vision, tenacity, and grit—battling often steep odds in the legislative and judicial arenas, not to mention in their daily lives. They have advanced powerful policy arguments and can take pride in today’s result. Under the Constitution’s separation of powers, however, I believe that it was Congress’s role, not this Court’s, to amend Title VII. I therefore must respectfully dissent from the Court’s judgment.”
That’s pretty generous. And, while it’s a copout to say that it’s Congress’s duty not the Court’s… is Kavanaugh maybe not as horrible as we think? And does that mean day is night and black is white and we’ve somehow jumped into a parallel timeline? Sometimes I don’t know what’s going on anymore….