Sex, Sexual Orientation, and the Separation of Powers

Sex, Sexual Orientation, and the Separation of Powers
AP Photo/Manuel Balce Ceneta

In three cases to be argued today, the Supreme Court will hear an attempt, encouraged by various amici corporations, professional associations, and other dominant institutions in society, as well as the media, of course, to demand that the Court amend Title VII of the Civil Rights Act of 1964 to include "sexual orientation" as a classification in the workplace. The equally momentous issue before the Court will be when and how the federal judiciary can take over the legislative power and amend federal law

The cases set for oral argument are Zarda v. Altitude Express (2d Cir.), Bostock v. Clayton County, Georgia (11th Cir.), and Harris Funeral Homes v. EEOC (6th Cir.).

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