Section 7

Citation: Section 7
Parent Document: Bostock v. Clayton County, 590 U.S. 644 (2020)
Jurisdiction: United States (federal)
Effective Date: 2020-06-15
Original Source: https://www.courtlistener.com/opinion/4760997/bostock-v-clayton-county/ ↗

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July 25, 2018) (change of gender on driver’s licenses); Whit-
aker, 858 F. 3d, at 1054 (school policy requiring students to
use the bathroom that corresponds to the sex on birth cer-
tificate); Keohane v. Florida Dept. of Corrections Secretary,
952 F. 3d 1257, 1262–1265 (CA11 2020) (transgender pris-
oner denied hormone therapy and ability to dress and
groom as a female); Edmo v. Corizon, Inc., 935 F. 3d 757,
767 (CA9 2019) (transgender prisoner requested sex reas-
signment surgery); cf. Glenn v. Brumby, 663 F. 3d 1312,
1320 (CA11 2011) (transgender individual fired for gender
non-conformity).
   Although the Court does not want to think about the
consequences of its decision, we will not be able to avoid
those issues for long. The entire Federal Judiciary will be
mired for years in disputes about the reach of the Court’s
reasoning.
                        *     *     *
  The updating desire to which the Court succumbs no
doubt arises from humane and generous impulses. Today,
many Americans know individuals who are gay, lesbian, or
transgender and want them to be treated with the dignity,
consideration, and fairness that everyone deserves. But the
authority of this Court is limited to saying what the law is.
  The Court itself recognizes this:
     “The place to make new legislation . . . lies in Congress.
     When it comes to statutory interpretation, our role is
     limited to applying the law’s demands as faithfully as
     we can in the cases that come before us.” Ante, at 31.
   It is easy to utter such words. If only the Court would
live by them.
   I respectfully dissent.
                   Cite as: 590 U. S. ____ (2020)             55

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