What do you think is crazier?
Is it the fact that the culture war is now raging over something as clear cut as biological sex, OR, the fact that this is happening because the conservative legal movement gave us Neil Gorsuch and John Roberts who opened the door to it in the Bostock decision last summer?
“The Department of Health and Human Services on Monday announced that it will protect against discrimination on the basis of sexual orientation and gender identity in health care, reversing a Trump-era policy.
The HHS’ Office for Civil Rights said it would interpret and enforce Section 1557 and Title IX’s prohibitions on discrimination based on sex to include discrimination on the basis of sexual orientation and discrimination on the basis of gender identity. …
In June 2020, the Supreme Court, in Bostock v. Clayton County, Ga, held that Title VII of the Civil Rights Act of 1964’s prohibition on employment discrimination based on sex encompasses discrimination based on sexual orientation and gender identity.
The Bostock majority concluded the plain meaning “because of sex” in Title VII included discrimination because of sexual orientation and gender identity.
“Consistent with the Supreme Court’s decision in Bostock and Title IX, beginning today OCR will interpret Section 1557’s prohibition on discrimination on the basis of sex to include: (1) discrimination on the basis of sexual orientation; and (2) discrimination on the basis of gender identity,” HHS said in a statement. …”
“The Biden administration is reversing a rule initiated by former President Donald Trump that defined “sex” as biological, in an effort to prevent “discrimination” against transgender people in health care practices, the Department of Health and Human Services announced on Monday.
The notice of enforcement, while not a binding federal rule, signals that the federal government will begin interpreting Section 1557 — the non-discrimination provision of the Patient Protection and Affordable Care Act — to include a ban on discrimination based on sexual identity, rather than simply banning discrimination based on biological sex, as the Trump administration had. The change will likely require that states, which set their own Medicaid eligibility requirements, provide gender-reassignment surgery and hormone therapy to Medicaid recipients.
“The Supreme Court has made clear that people have a right not to be discriminated against on the basis of sex and receive equal treatment under the law, no matter their gender identity or sexual orientation (SOGI). That’s why today HHS announced it will act on related reports of discrimination,” HHS Secretary Xavier Becerra said in a statement announcing the change. …”
I could point to countless other examples of this.
The Republican-controlled Texas state legislature is struggling to pass several bills that address these “trans” issues. Republican voters want one thing. And yet, we see time and again that Republican-appointed federal judges or Republican politicians will do the exact opposite of what the voters want because some wealthy donor or corporate lobbyist complains and exercises their royal prerogative.
It was the Republican-controlled Supreme Court which delivered big victories to the Left on gay marriage in Obergefell and “trans” in Bostock. What is the point of even bothering to vote if you can always count on your own “representatives” to kowtow to donors and lose on these issues?