With LGBT ruling, Supreme Court hands liberals a surprise victory

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With LGBT ruling, Supreme Court hands liberals a surprise victory
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President Trump said today he will live with the Supreme Court decision that a landmark civil rights law protects LGBT people from job discrimination. 'Some people were surprised, but they've ruled and we live with their decision,' he said

LGBT rights advocates triumphed at the Supreme Court Monday, winning a sweeping decision from the justices that protects gay, lesbian and transgender employees from being disciplined, fired or turned down for a job based on their sexual orientation.

"I've read the decision," the president said of the various opinions, which ran to 119 pages in all. "Some people were surprised, but they've ruled and we live with their decision. That's what it's all about. We live with the decision of the Supreme Court. Very powerful, very powerful decision, actually."

"Those who adopted the Civil Rights Act might not have anticipated their work would lead to this particular result. Likely, they weren’t thinking about many of the Act’s consequences that have become apparent over the years, including its prohibition against discrimination on the basis of motherhood or its ban on the sexual harassment of male employees," Gorsuch wrote.

That Gorsuch wrote the majority opinion was viewed as a major coup by gay rights advocates. They hoped his professed devotion to “textualism” — an often literal approach to reading Congressional enactments — would persuade him to embrace a view that LGBT discrimination is sex discrimination because it involves treating someone differently at least in part due to gender.

"Speculation about why a later Congress declined to adopt new legislation offers a 'particularly dangerous' basis on which to rest an interpretation of an existing law a different and earlier Congress did adopt," he wrote, quoting a prior case. "Justice Scalia would be disappointed that his successor has bungled textualism so badly today, for the sake of appealing to college campuses and editorial boards," Carrie Severino of the Judicial Crisis Network. "This was not judging, this was legislating—a brute force attack on our constitutional system."

Alito leveled one of the gravest insults one conservative can train on another as he accused his colleague of legislating from the bench. Kavanaugh's solo dissent was more restrained in its tone. He said courts must give force to the "ordinary" meaning of the laws Congress passes, not a "literal" one.

The Trump stance was a reversal of positions taken during the Obama administration, when the Equal Employment Opportunity Commission held that both anti-gay and anti-transgender discrimination violated existing law, although courts divided on those issues.

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