Our S.C. has repeatedly misrepresented our Constitution in cases involving sex, e.g. Bostock v. Clayton County, Georgia
Our Supreme Court constantly hands down opinions concerning "sex" and the Fourteenth Amendment, which are not in harmony with the text of our Constitution, and its documented legislative intent, which gives context to its text.
A textbook example is Bostock v. Clayton County, Georgia in which Justice Gorsuch fraudulently indicates our Constitution forbids discrimination based on sexual orientation or gender identity.
As we shall see, Justice Gorsuch, in writing a majority opinion, Bostock v. Clayton County, Georgia, has perpetuated a fraud upon the American people, embraced a usurpation of power by Congress, and violated his oath of office to defend our written Constitution,
In the case Bostock v. Clayton County, Georgia, Justice Gorsuch begins by writing:
“Sometimes small gestures can have unexpected consequences. Major initiatives practically guarantee them. In our time, few pieces of federal legislation rank in significance with the Civil Rights Act of 1964. There, in Title VII, Congress outlawed discrimination in the workplace on the basis of race, color, religion, sex, or national origin. Today, we must decide whether an employer can fire someone simply for being homosexual or transgender.”
Gorsuch then goes on to ignore historical facts which establish Congress usurped a power outlawing distinctions being made in the “workplace” based upon “sex”, and in so doing he condones, by his silence, this blatant usurpation of power engaged in by Congress, which not only has resulted in the loss of people being free to mutually agree in the contracts and associations _ which is a fundamental inalienable right of mankind _ but Gorsuch adds to the ongoing fraud by adding to the meaning of “sex” found in the Civil Rights Act of 1964, protection for sexual deviant behavior, which most assuredly was not intended by those who authored and passed the Act.
In fact, Justice Gorsuch, and the majority members on the Court, decided to do for the people that which the people have rejected, and been unwilling to do for generations by adopting a constitutional amendment forbidding distinctions in the “workplace” based upon “sex”, which is our Constitution’s lawful method for change to accommodate changing times.
Now, let us review some historical facts proving there is no authority granted to Congress in our Constitution to forbid discrimination in the workplace based upon “sex”.
In 1866 Congress passes a “Civil Rights Act under the authority of the Thirteenth Amendment. The purpose of the Act, as stated by its author, Senator Trumbull, was to “break down all discrimination between black and white men.”
The Act goes on to declare:
“Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right, in every State and Territory in the United States, to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding.” Keep in mind there is no mention of “sex” in the Act.
In 1870 the Fifteenth Amendment is passed prohibiting the right to vote to be denied based upon “race, color or previous condition of servitude”. Once again, “sex” is not mentioned in our Constitution.
After the passage of the Fourteenth and Fifteenth amendments Congress passes the Civil Rights Act of 1875, which begins:
“An Act to Protect All Citizens in Their Civil and Legal Rights."
"Whereas it is essential to just government we recognize the equality of all men before the law, and hold that it is the duty of government in its dealings with the people to mete out equal and exact justice to all, of whatever nativity, race, color, or persuasion, religious or political ; and it being the appropriate object of legislation to enact great fundamental principles into law: Therefore …”
Up to this point in time there is no constitutional protection afforded based upon “sex”. But in 1920, the American People decide to provide protection based upon “sex”, but specifically limit that protection to women so they may vote because of the adoption of the Nineteenth Amendment.
And in 1957 Congress passes another Civil Rights Act creating a Commission on Civil Rights. Its duties include investigating allegations that "certain citizens of the United States are being deprived of their right to vote and have that vote counted by reason of their color, race, religion, or national origin."
Then, in 1964, without any constitutionally authorized power, Congress decides to prohibit discrimination in the workplace based upon “sex”. In fact, not only did Congress act without Constitutional authority to prohibit discrimination in the workplace based upon sex, but the American People, for generations, refuse to adopt an Equal Rights Amendment, the first appearing in the 1920s, and in the 1980s, the people specifically and purposely reject the Equal Rights Amendment, which was intended to prohibit discrimination based upon “sex”. One reason for its rejection by the American people was that it would lead to and grant particular rights to homosexuals, such as homosexual marriage.
So, here we are today, in a situation where a majority on our Supreme Court ignore historical facts when rendering an opinion; embrace Congress’ usurpation of power; perpetuate a fraud being perpetrated upon the American People; and even add to the fraud by adding to the meaning of “sex” found in the Civil Rights Act of 1964, protection for sexual deviant behavior, which most certainly was not intended by those who authored and passed the Act ___ an Act which in its first instance violated our Constitution in that no authority had been granted to Congress by our Constitution to prohibit distinctions being made in the workplace based upon sex.
Justice Gorsuch and the Majority, in doing for the people what they have refused to do for themselves under Article Five of our Constitution, have not only used and abused their judicial power, but usurped legislative power as well, and this borders on judicial tyranny as described by Madison:
”The accumulation of all powers, legislative, executive, and judiciary, in the same hands [our Supreme Court] . . . may justly be pronounced the very definition of tyranny.” _ Madison, Federalist Paper No. 47
