An attorney and professor emeritus of jurisprudence looks at the Bostock decision.
From First Things
By Hadley Arkes
Conservatives were bracing for the defection of Justice Gorsuch on the cases dealing with the “transgendered” and “sexual orientation.” But even the anticipation of the jolt did not diminish its depressing force. The reactions, coming with disbelief and anger, have not been understated. For make no mistake, this case of Harris Funeral Homes v. EEOC will be the Roe v. Wade for transgenderism, with effects that will ripple out widely in our country, touching and disfiguring our private lives. After all, the Court has pronounced it quite wrongful to cast an adverse judgment, a disapproving judgment, on people who affect to shift their “genders.” As we saw in the case of same-sex marriage, children will have to be instructed in school on this new civic culture that the Court has ordered into place. The companion cases of Bostock v. Clayton County and Altitude Express v. Zarda bring the same force to the side of discriminations based on “sexual orientation” or homosexuality. What Congress failed persistently to add to the Civil Rights Act, Neil Gorsuch and John Roberts managed to accomplish in a stroke, with the reliable help of the four liberal justices, who could always be depended on to vote in a phalanx for the ethic of sexual liberation.