[Ed. – This case is likely to have really ugly repercussions. As mentioned earlier, it seems doubtful that U.S. jurisprudence itself is salvageable at this point. It’s a good question what’s going on with Gorsuch; that’s been a question about Roberts for some time.]
The question: Whether the ban on employment discrimination based on “sex” that is included Title VII of the Civil Rights Act of 1964 also extends to homosexuality and transgenderism?
The case was decided 6-3, with Gorsuch and Chief Justice John Roberts joining Justice Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan and Stephen Breyer in concluding that—under the 1964 law–discrimination based on homosexuality or transgenderism is legally the same as discrimination based on a person’s sex.
Alito, Thomas and Justice Brett Kavanaugh dissented. …
Alito and Thomas accused Gorsuch and his majority colleagues of abusing their judicial power to essentially enact legislation.
“There is only one word for what the Court has done today: legislation,” said Alito in his opinion joined by Thomas. “The document that the Court releases is in the form of a judicial opinion interpreting a statute, but that is deceptive.”
Alito then pointed out that there have been efforts in Congress to amend Title VII to include homosexuality and transgenderism. But, so far, these efforts have failed.