US Catholic bishops: Supreme Court has 'redefined' the meaning of 'sex'

CNA Staff, Jun 15, 2020 / 16:43 pm

The president of the U.S. bishops' conference on Monday lamented the U.S. Supreme Court's decision in a case that considered whether federal civil rights law considers sexual identity and gender identity to be covered by laws prohibiting employment discrimination based upon sex.

"I am deeply concerned that the U.S. Supreme Court has effectively redefined the legal meaning of 'sex' in our nation's civil rights law. This is an injustice that will have implications in many areas of life," Archbishop Jose Gomez said in a June 15 statement.

The Supreme Court ruled June 15 that employers cannot fire workers because of their sexual orientation or self-determined gender identity, even while dissenting justices opined the Court was legislating from the bench.

The decision considered a trio of discrimination cases before the Court, two of which involved employees who said they were fired because of their sexual orientation in Bostock v. Clayton County and Altitude Express, Inc. v. Zarda.

A third case, Harris Funeral Homes, Inc. v. EEOC, involved a man who lost his job at a Michigan funeral home after he had gender-transition surgery and returned to work dressed as a woman; the funeral home had sex-specific dress code policies for employees.

The question at issue was whether or not protections against sex discrimination in Title VII of the Civil Rights Act also applied to discrimination on the basis of sexual orientation and gender identity.

On Monday, the Court's majority ruled that "An employer who fires an individual merely for being gay or transgender violates Title VII.

In November, the U.S. bishops' conference had asked the Court not to extend Title VII protections to sexual orientation and gender identity, because to do so would "redefine a fundamental element of humanity."

"Words matter," the statement from leading U.S. bishops said. "'Sex' should not be redefined to include sexual inclinations or conduct, nor to promulgate the view that sexual identity is solely a social construct rather than a natural or biological fact."

Gomez echoed that sentiment on Monday.

"By erasing the beautiful differences and complementary relationship between man and woman, we ignore the glory of God's creation and harm the human family, the first building block of society. Our sex, whether we are male or female, is part of God's plan for creation and for our lives. As Pope Francis has taught with such sensitivity, to live in the truth with God's intended gifts in our lives requires that we receive our bodily and sexual identity with gratitude from our Creator. No one can find true happiness by pursuing a path that is contrary to God's plan," the archbishop said.

"Every human person is made in the image and likeness of God and, without exception, must be treated with dignity, compassion, and respect. Protecting our neighbors from unjust discrimination does not require redefining human nature."

Critics of the Court's decision have argued that, in addition to reinforcing the transgender ideology, they could undermine the religious liberty of religious employers and business owners.

Justice Neil Gorsuch, writing for the Court's majority, acknowledged religious freedom concerns for employers in the Court's decision. Religious organizations and employers do have certain protections from discrimination lawsuits under the First Amendment and the Religious Freedom Restoration Act (RFRA), his decision said.

However, the religious freedom question would be a matter of future consideration since "none of the employers before us today represent in this Court that compliance with Title VII will infringe their own religious liberties in any way," Gorsuch wrote.