“There is only one word for what the Court has done today: legislation. The document that the Court releases is in the form of a judicial opinion interpreting a statute, but that is deceptive… “The Court tries to convince readers that it is merely enforcing the terms of the statute, but that is preposterous… “Many will applaud today’s decision because they agree on policy grounds with the Court’s updating of Title VII. But the question in these cases is not whether discrimination because of sexual orientation or gender identity should be outlawed. The question is whether Congress did that in 1964. It indisputably did not.” Justice Samuel Alito, Joined by Justice Clarence Thomas, Supreme Court Justices in a dissenting opinion on a decision to expand the anti-discrimination clause in Title VII to include sexual orientation and sexual identity.
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