David Closson on Why Bostock Supreme Court Decision Will Never Have the Final Say on Human Sexuality

Our rapidly changing moral landscape presents a daunting challenge for Christians committed to biblical sexual ethics. The LGBT movement continues to challenge centuries of norms concerning the family, marriage, and human sexuality. And a recent Supreme Court decision means legal definitions and understanding regarding human sexuality are changing, too.

Secular progressives often criticize conservative Christians for their alleged obsession with sexual ethics. But secular and progressive elites are increasingly forcing the issue, insisting everyone embrace their worldview and the full spectrum of LGBT policy positions or face social ostracizing, public shaming, loss of jobs, or other increasingly dire consequences. Those in positions of cultural and political influence are willing to use the coercive power of government to accomplish their political objectives. This was evident this week in the U.S. Senate as Democrats argued for the immediate passage of the Equality Act, legislation that represents one of the greatest threats to religious liberty ever introduced in Congress. It would gut our nation’s flagship religious liberty law, the Religious Freedom Restoration Act, which was passed nearly unanimously by Democrats and Republicans alike.

Earlier this week, the U.S. Supreme Court handed down a 6-3 decision in Bostock v. Clayton County. The majority ruled that employment discrimination “on the basis of sex” — prohibited by Title VII of the Civil Rights Act of 1964 should be understood to include actions based on sexual orientation and gender identity. By reinterpreting the statue in this way, the Court essentially rewrote civil rights law.

Many conservatives were surprised by the decision and considered Justice Neil Gorsuch’s majority opinion to be a betrayal of the originalist and textualist approach he had previously insisted guided his judicial philosophy. As both Justices Samuel Alito and Brett Kavanaugh pointed out in their respective dissents, the majority opinion authored by Gorsuch imposed a meaning that would have been foreign to those who authored the Civil Rights Act and ignored the plain meaning of the statute.

The consequences of the Bostock decision will play out for many years. In the immediate future, there are significant questions about how the ruling will affect religious liberty. Can religious institutions such as colleges and seminaries continue to have have sex-separated dormitories and housing? Are sex separated private spaces like bathrooms, locker rooms, and changing facilities now discriminatory? Will women athletes be forced to compete against biological males in both scholastic and professional sports? Will employers be forced to cover treatments and surgeries that are not medically necessary and that are in opposition to their religious beliefs on human embodiment?

Originalism and textualism are methods of interpreting the law. But as theologically conservative Christians, we hold to a form of originalism and textualism when reading and interpreting Scripture — the historical grammatical method. In other words, we believe God’s Word is authoritative, infallible, and inerrant. Because the Bible is “breathed out” by God, followers of Christ are called to obey and align their lives with it (2 Tim. 3:16). In order to obey and align our lives with the Bible, we must read and interpret it.

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SOURCE: Christian Post, David Closson