Some quick thoughts about the Bostock v. Clayton County court decision that came out yesterday. The impetus for the case were three separate instances where employees were terminated for being either homosexual or transgender. The Court consolidated all three cases, and the question before it was whether the definition of “sex” under Title VII of the 1964 Civil Rights Act included the concepts of “gender identity” and “sexual orientation.” The Court held that it did. My focus here is not the employee terminations; it’s the question before the Court and its decision to re-define “sex” in anti-discrimination law.
- Christians who have made an idol of supporting the Republican Party because of the alleged advantage of appointing “conservative justices” now have no leg to stand on. Justice Gorsuch wrote the majority opinion, and Chief Justice Roberts concurred.
- Christians may have little meaningful reason to continue to support the Republican Party, except perhaps as the alleged lesser of two evils. We will likely see a wide-scale capitulation to this newest phase of the social revolution. President Trump has already figuratively shrugged his shoulders about the decision.
- Republican does not equal Christian. This much should have been obvious for a long time, but now it is clear as day. Christians who have looked to the Republican Party as a vehicle for achieving social change should now see the bankruptcy of this tactic. The Religious Right is dead. This is a good thing. This entire endeavor of the Church’s political activism in the service of social reform was a mistake. I have believed this for a long time. Read Stanley Hauerwas’ book Resident Aliens for a better strategy for the Church.
- The idea that “textualism” is a bulwark against bad legal interpretation is now dead forever. There is no way on earth legislators in 1964 would have understood “sex” to mean “gender identity” and “sexual orientation.” Yet, Justice Gorsuch wants us to read it in.
- Textualism is only as good as the document to which it pledges loyalty. Chief Justice Taney used “textualism” (an anachronism, I know – but it’s what he did) to defend his interpretation in Dred Scott v. Sanford. The only textualism that really matters is fidelity to scripture. Because our society no longer has any semblance of a Christian view of morality (see #7, below), textualism in service of the U.S. Constitution is not a strategy in which to place anything but deep skepticism.
- This decision will open a floodgate of unending litigation against every Christian institution in the country. The very concept of “sex” in the context of non-discrimination law has now been irrevocably altered. This has profound implications, because Christian universities, seminaries, organizations … and churches … will now be targeted by malicious actors. The very expression of reality in this country has now been changed.
- How you view the world determines how you think. The Judeo-Christian worldview used to be the philosophical foundation from which citizens understood moral values, even if wasn’t a self-conscious foundation. There used to be a residue of that worldview present in society. This Court decision signals that it is gone forever.
- Everybody has to identify some foundation for moral values. Once you cut yourself off from objective truth, you’re cast out onto the open sea of subjectivism. Sex means gender identity because … well, why not? Forget rationality. Forget history. Forget divine revelation. Forget biology. There are only our own subjective feelings, baptized in the laver of diagnoses from mental health professionals (the new secular priests, dispensing the sacrament on letterhead) by whose mystical incantations people are “declared” to suffer from gender dysphoria. People look to what they perceive to be an objective standard to make moral value judgments. Having rejected divine revelation, they’ll look elsewhere. Today, they often look to the sciences. The DSM-V is the Bible, and the mental health professional is the high priest dispensing pagan grace. With the diagnosis letter in hand, the doors are open to validating felt gender identity. Transgender is a valid paradigm. Why? The mental professional says! See, here’s the diagnosis letter …
- Employers will now have little recourse to curtail unprofessional and unacceptable workplace behavior. All the employee need do is to claim the behavior is an integral part of his “gender identity.” If you believe there will be “safeguards” in place for businesses to have reasonable leeway to enforce professional codes of conduct, you are very naive.
- Christians must figure out what they believe on the subjects of gender and sexual orientation. They must. There is nowhere to hide. Pastors who do not take a stand on this issue are cowards.
- Our nation is irrevocably broken. I am more and more inclined to advocate for the Church’s total withdrawal from public life, in the sense of political activism for the social good. The only role I now see for the Church in the public square is for evangelism. Again, see Resident Aliens and perhaps Rod Dreher’s The Benedict Option, though I have not yet read the latter.
I’m reading the Court documents, including the transcript of oral arguments and the decision itself, and will write up an analysis in the next month or so. I did the same for the Obergefell v. Hodges decision a few years back. It’ll be an analysis of the arguments and its implications from a Christian perspective. I hope to have it ready by late July.