Many, even many Christians, have rejoiced at the ruling in Bostock v. Clayton County, seeing it as nothing more than basic fairness. In this, they are blissfully unaware of what will come next, because, in our nation’s ongoing culture wars, there’s always a “next.”
It was just a few short years ago that the idea of gay marriage was touted “marriage equality,” something that allowed our gay neighbors the same rights and joys as the rest of us. Why not? Who was against love? Only the most paranoid could think that anything more could come of it. A few years later and what do we see? The Supreme Court of the United States just ruled, in effect, that it is legally discriminatory to treat a biological man as a man if he says he’s a woman.
John Stonestreet talked with John Bursch, the lawyer with the Alliance Defending Freedom who argued this pivotal case in Washington and he offers in observations and insights about what this means for American society and for the task of the Church.
Below is an edited excerpt of their conversation, or you can listen to the entire presentation.
We were told that the Obergefell case redefining marriage wasn’t going to affect anybody. Talk to Baronelle Stutzman, talk to Chief Cochran, talk to Blaine Adamson and talk to all these folks who have had their livelihoods put at stake in litigation by states and plaintiffs who are trying to punish them for their views on marriage. We can all look back with 2020 hindsight and say that’s not true. Here it’s even more so not true.
Gorsuch says in the opinion, “We’re not deciding today the shower and the restroom question.” But if you’re saying that a biological man is not allowed to use the women’s restroom or the women’s shower, but a biological woman is allowed to use the women’s shower and the man identifies as a woman and now wants to use that shower and you say no, that is discrimination based on sex, on his own reading of the statute, because the man is being treated differently than the woman.
No one would have thought that in 1964. To somehow claim that this doesn’t affect wider issues is just so frustrating. Even he must know that’s not true.
Justice Alito’s dissent went on for more than 100 pages with a pretty large appendix documenting the many, many ways this is going to sweep across federal law and change the way we think about all kinds of things. It’s really inevitable that this is going to have a big impact.
Justice Gorsuch knows that, and we know that because at the very end of the opinion, he holds out the olive branch to people who still hold a biblical understanding of what it means to be male and female or a biblical understanding of marriage.
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SOURCE: Christian Post, John Stonestreet