Supreme Court Legislates from the Bench in Landmark Decision

WASHINGTON, D.C. – On Monday, the Supreme Court decided the case of Bostock v. Clayton County, Georgia. At issue in the case was whether Title VII of the Civil Rights Act prohibits discrimination on the basis of sexual orientation and gender identity. In a 6-3 decision led by Justice Neil Gorsuch, the Supreme Court has ruled that it does. This is a blatant abuse of judicial authority.

The Supreme Court’s ruling effectively writes the Equality Act into law while bypassing the legislative process. This is a usurpation by the Supreme Court of the power vested in Congress to pass legislation with the consent of the governed. By interpreting Title VII of the Civil Rights Act in a novel way, the Supreme Court has advanced a partisan political agenda. We at Faith & Freedom Coalition condemn this politicization of the Supreme Court’s power of judicial review.

“The Supreme Court’s ruling in Bostock v. Clayton County, Georgia threatens the separation of powers and undermines the rule of law,” said Timothy Head, executive director of the Faith & Freedom Coalition. “The original Civil Rights Act was passed by Congress; if we want to accord civil rights protections to sexual orientation and gender identity, then we need Congress to do so.”

Over the past 45 years, several legislative attempts have been made in Congress to amend Title VII to include sexual orientation and gender identity. That the court ignores this legislative history signals a dangerous shift in the relationship between the legislative and executive branch of government. The court’s decision has also raised concerns that the new interpretation of Title VII may jeopardize religious freedom in America.

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About the Faith & Freedom Coalition

The Faith and Freedom Coalition is a national grassroots movement of over 2 million conservatives and people of faith in support of time-honored values, stronger families, and individual freedom. Learn more about Faith & Freedom at www.ffcoalition.com.