On Monday, the U.S. Supreme Court unilaterally redefined “sex” in federal law to mean “sexual orientation” and “gender identity.”

In Bostock v. Clayton County (2020), a 6-3 majority ruled that discrimination on the basis of sexual orientation or gender identity violates Title VII’s prohibition on sex discrimination.

While a technical error has made the ruling inaccessible, the ruling represents an utter rejection of the original meaning of the term “sex” in federal law, twisting it to mean something Congress cannot have intended in 1964.



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