Skip to main content
Tags: sex discrimination
OPINION

The Supreme Court Legislates From the Bench

front of the supreme court building
(Bruno Coelho/Dreamstime)

Tom Fitton By Monday, 22 June 2020 01:26 PM EDT Current | Bio | Archive

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.

© 2025 Newsmax. All rights reserved.


TomFitton
Only Congress can amend a law, not the Supreme Court.
sex discrimination
310
2020-26-22
Monday, 22 June 2020 01:26 PM
Newsmax Media, Inc.

Sign up for Newsmax’s Daily Newsletter

Receive breaking news and original analysis - sent right to your inbox.

(Optional for Local News)
Privacy: We never share your email address.
Join the Newsmax Community
Read and Post Comments
Please review Community Guidelines before posting a comment.
 
TOP

Interest-Based Advertising | Do not sell or share my personal information

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved
Download the Newsmax App
NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved