Supreme Court Legislates Instead of Judges

Activist judges have been creating laws for a very long time in America. They legislated a right to abortion. They legislated a separation of church and state. They legislated prayer and Bible reading out of the public schools. Now they have legislated new rights for homosexuals. On June 15, the U.S. Supreme Court ruled that the Civil Rights Act of 1964 applies to homosexuals and “transgenders.” Title VII of the act says it is unlawful “for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual because of such individual’s race, color, religion, sex, or national origin.” The decision was 6-3, with two so-called “conservative justices” (John Roberts and Neil Gorsuch) siding with the “liberals.” Dissenting were Samuel Alito, Clarence Thomas, and Brett Kavanaugh. In his sharply-worded dissent, Alito wrote, “There is only one word for what the Court has done today: legislation. The document that the Court releases is in the form of a judicial opinion interpreting a statute, but that is deceptive. A MORE BRAZEN ABUSE OF OUR AUTHORITY TO INTERPRET STATUTES IS HARD TO RECALL. Many will applaud today’s decision because they agree on policy grounds with the Court’s updating of Title VII. But the question in these cases is not whether discrimination because of sexual orientation or gender identity should be outlawed. The question is whether Congress did that in 1964. It indisputably did not. As the briefing in these cases has warned, the position that the Court now adopts will threaten freedom of religion, freedom of speech, and personal privacy and safety. No one should think that the Court’s decision represents an unalloyed victory for individual liberty. The Court’s brusque refusal to consider the consequences of its reasoning is irresponsible.”

(Friday Church News Notes, June 26, 2020,,, 866-295-4143)