Will Bostock V. Clayton County Be The ‘Roe V. Wade Of Religious Liberty’?

Shenan J. Boquet
hli.org
2020-06-29

Abortion was legalized by the Supreme Court, not by the legislature or the people. Same-sex “marriage” was made the law of the land after the Supreme Court somehow discovered a “fundamental right” for people of the same sex to get married in the Constitution – a “right” that had somehow lain hidden for over 200 years after the Constitution was drafted by men who almost certainly didn’t spend so much as five seconds in their whole lives considering the notion of two men or two women getting “married” to one another.

And now, yet another radical social change has been imposed upon the United States by the Supreme Court – change that further erodes our understanding of the objective differences between men and women, the role of the family, the nature and purpose of sex and marriage, and religious liberty.

In a decision that is being called the “Roe v. Wade of Religious Liberty,” the Supreme Court ruled earlier this month that Title VII, which bans employment discrimination based upon “sex,” extends to discrimination based upon “sexual orientation” and “gender identity.”

Bostock v. Clayton: Judicial Overreach

The details of the decision in Bostock v. Clayton County are complex. However, conservative and religious legal scholars are almost universally agreed on two points: 1) The decision amounts to an egregious overreach of judicial power, with the court once again legislating matters that by all rights belong to the legislature; and, 2) This decision will have massive, unpredictable, far-reaching negative long-term ramifications on a whole host of matters, including religious liberty.

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