On Monday morning’s Supreme Court ruling

Last updated on: June 15, 2020 at 11:16 pm by Dan Peterson

On Monday morning’s Supreme Court ruling 2020-06-15T23:16:17-06:00 Dan Peterson

LOGO Patheos Explore the world's faith through different perspectives on religion and spirituality! Patheos has the views of the prevalent religions and spiritualities of the world.

The Supreme Court Building in Washington DC (Wikimedia Commons public domain image)

A confused world desperately craves to know where I stand on the 6-3 decision handed down this morning by the Supreme Court of the United States:

“Supreme Court rules in favor of gay and transgender workers: The justices issued a 6-3 decision Monday stating that federal employment discrimination law covers sexual orientation and gender identity-based offenses.”

And I live to serve. So here goes:

I’m a conservative, but I’m a conservative who leans libertarian (especially, but not solely, on economic issues). I’m also a strong federalist. So, on the whole, the notion of federal anti-discrimination laws doesn’t sit well with me.

And, before someone raises the issue, yes, I do believe that discrimination against Latter-day Saints should be legal. Would I consider it boorish and unfair and even immoral? Yes. Worthy of a boycott? Yes. Irritating and offensive? Yes. But legal.

However, it should be pointed out that my rather libertarian principles would also have prohibited Jim Crow laws, state-enforced segregation, and — needless to say — human slavery.

And, once more before somebody raises the issue, I hold my more or less libertarian position quite separately from my being a Latter-day Saint. My political and economic views are, in my judgment, consistent with my religious views — I wouldn’t hold them if I thought otherwise — but I don’t believe that my specific political and economic views are entailed by my faith. The other day, one regularly-mistaken critic rather oddly suggested that I’m essentially on the same page as the late Ayn Rand, except (he allowed) for her atheism (no small difference!). But this is false: I’ve never shared either her rejection of altruism or her belief in “the virtue of selfishness.” (Incidentally, contrary to his confident assertion, I certainly don’t fault her writing merely because she was a woman.)

But we don’t live in a libertarian country, and we probably never will. So, given the realities, and knowing that civil rights laws and such are the environment in which we really live and move and have our being — I am, as I say, a libertarian-leaning conservative — what do I make specifically of today’s SCOTUS decision?

I still have concerns. I have concerns because I’m a strict-constructionist, an originalist. I believe that original legislative intent must guide in the interpretation of laws. Otherwise, judicial rulings will be relatively arbitrary, whimsical, subject to the vagaries of current ideological fashion and untethered to actual statutes. A government not of laws but of men. Regardless of the particular substantive merits or demerits of this morning’s ruling, however, I also share Justice Samuel Alito’s reservations about it — which were likewise those of Justices Thomas and Kavanaugh and of Senator Mike Lee, as of Senators Mitt Romney, and Josh Hawley — based on the constitutional separation of powers. From the Deseret News article:

“If the court takes this up and interprets (Title VII) to prohibit discrimination based on sexual orientation, we will be acting exactly like a legislature,” Justice Samuel Alito said during oral arguments. . . .

Alito filed a dissenting opinion joined by Justice Clarence Thomas. Justice Brett Kavanaugh filed a separate dissent. All three justices argued that, in changing how civil rights law will be applied moving forward, the court is acting like Congress.

“There is only one word for what the court has done today: legislation,” Alito wrote, highlighting congressional efforts to add sexual orientation and gender identity protections to the Civil Rights Act.

Sen. Mike Lee, R-Utah, tweeted Monday that he shares Alito’s concerns.

I also worry about potential damage to religious liberty:

Friend of the Court Brief from Brigham Young University and Other Religious Colleges

“In protecting LGBTQ workers, America must not overlook religious rights: The LGBTQ community must have rights. How, then, do we break the minority-majority persecution?”

So now you have some idea, at least, of how I feel about today’s Supreme Court decision.

Uncategorized

Previous Post

June 15, 2020

Reading the DNA of a single human cell

Next Post

June 16, 2020 For Lena, Six Years Later

Browse Our Archives

Select a Category Uncategorized

Select a Month October 2026 September 2026 August 2026 July 2026 June 2026 May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 August 2025 July 2025 June 2025 May 2025 April 2025 March 2025 February 2025 January 2025 December 2024 November 2024 October 2024 September 2024 August 2024 July 2024 June 2024 May 2024 April 2024 March 2024 February 2024 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 June 2022 May 2022 April 2022 March 2022 February 2022 January 2022 December 2021 November 2021 October 2021 September 2021 August 2021 July 2021 June 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 September 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 March 2014 August 2013 February 2012

TAKE THE

Religious Wisdom Quiz

True or False: Peter raised Tabitha (Dorcas) from the dead in Lydda.

Select your answer to see how you score.

FALSE TRUE