Supreme Court decisions dressed up as legislation are like meat cleavers as compared to real legislation. Most people nowadays don’t desire to fire someone simply because of their sexual activities at home. What this opinion, without any legislative compromise or nuance, will accomplish is to make it impossible to fire anyone for any reason who identifies as any of these new protected classes, who now have super-rights.

To begin with, title VII was very controversial at the time. It is simply unconstitutional to regulate polite behavior on the part of employers. They have the constitutional right to hire and fire whomever they want. They have the right to their property, and nobody else has a right to someone else’s property. However, it was legitimately justified because our country discriminated against black people for so long and used the boot of the state to deny them real rights, including their own property. The problem is that it has subjected employers to a nightmare of litigation to fire a black worker who happens to be underperforming. But to now add transgenderism and homosexuality to the mix is ludicrous.

What if someone comes into work cross-dressing and is extremely disruptive? What if someone is just simply a lousy worker? What about religious liberty? Does the First Amendment not mean anything? Does a Catholic school now have to hire a cross-dresser? What about demanding that doctors perform castration operations? What about allowing men who think they are women into female sports? This is yet another example of the courts creating a super-right that infringes upon a real right.