How a Gorsuch LGBT Ruling May Doom Affirmative Action in College Admissions
In Bostock v. Clayton County, Georgia (2020), Justice Neil Gorsuch held that the act of firing an employee for being gay or transgender violated Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating against a job applicant or employee “because of such individual’s…sex.” “Those who adopted the Civil Rights Act might not have anticipated their work would lead to this particular result,” Gorsuch wrote. “But the limits of the drafters’ imagination supply no reason to ignore the law’s demands. When the express terms of a statute give us one answer and extratextual considerations suggest another, it’s no contest. Only the written word is the law, and all persons are entitled to its benefit.”
The results of that strict textualist approach in Bostock were widely cheered by liberals. But liberals probably won’t be cheering if Gorsuch adopts a similar stance in the pair of blockbuster affirmative action cases that the Supreme Court is currently weighing. Judging by last month’s oral arguments in Students for Fair Admissions v. University of North Carolina, the justice does seem to view the statutory debates over LGBT discrimination and affirmative action in a similar interpretative light.
Like Title VII of the 1964 Civil Rights Act, Title VI of the
Article from Reason.com