The Supreme Court Legislates From the Bench

I'm sure you noted the decision by the United States Supreme Court regarding sex discrimination.

In expanding the ban of sex discrimination in the Civil Rights Act of 1964 to include sexual orientation and gender identity, the court engaged in an abuse of power by legislating from the bench.

There has been a years-long battle by the Left to change federal law to bar discrimination based on sexual orientation and gender identity. But the Court short-circuited the democratic process and rewrote the law without a vote of Congress, but by a vote of six unelected judges.

Congress should reaffirm the Constitution and combat this judicial power grab by reaffirming the original meaning of the Civil Rights Act. Only Congress can amend a law, not the Supreme Court.

As Justice Alito warns, the decision, unless fixed by Congress, could destroy women's sports, weaken religious freedom and free speech, weaken personal privacy, and cause chaos in schools.

Last year we submitted an amicus curiae (friend of court) brief to the court on this issue, detailing how Congress repeatedly rejected efforts to amend the law. Where 71 bills over the course of 45 years attempted to include sexual orientation or gender identity in Title VII's definition of sex, it is singularly unpersuasive, after all those bills have failed, to argue that these categories were "in there all along."

Any such statute should be passed by Congress, not ordered by the court.

Tom Fitton is the president of Judicial Watch. He is a nationally recognized expert on government corruption. A former talk radio and television host and analyst, Mr. Fitton is well known across the country as a national spokesperson for the conservative cause. He has been quoted in Time, Vanity Fair, The Washington Post, The New York Times, and most every other major newspaper in the country. Read Tom Fitton's Reports — More Here.