16 US states ask Supreme Court to reverse addition of gender confusion to ‘sex discrimination’

Sep 2, 2018 by

by Calvin Freiburger, LifeSite:

The governors and attorneys general of 16 states are asking the U.S. Supreme Court to reverse a lower court’s judgement this year that gender-confused individuals are covered by the Civil Rights Act.

The 6th Circuit Court of Appeals ruled in March that Title VII of the 1964 law, which was passed to end racial segregation and hiring discrimination on the basis of race, sex, religion, ethnicity, or national origin, also extends to employees who wish to “identify” as the opposite of their biological sex.

The case was sparked by a Detroit funeral home that fired a male employee who wanted to present himself as a woman while on duty, in defiance of the home’s dress code. “Discrimination on the basis of transgender and transitioning status is necessarily discrimination on the basis of sex,” Judge Karen Nelson Moore ruled.

On August 23, the states of Alabama, Arkansas, Kansas, Kentucky, Louisiana, Maine, Mississippi, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming filed an amicus brief calling on the nation’s highest court to reverse the 6th Circuit’s judgement, The Hill reports.

“The States’ purpose is to note that ‘sex’ under the plain terms of Title VII does notmean anything other than biological status,” the brief says. “Unless and until Congress affirmatively acts, our Constitution leaves to the States the authority to determine which protections, or not, should flow to individuals based on gender identity. The Sixth Circuit ignored this fact and essentially rewrote federal law, engaging in policy experimentation. “

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