The Biden Executive Order Most Likely To Provoke “Christian” Right Litigation (So Far)…

So far (about 48 hours on!), in the main, Mr. Biden is restoring, by executive orders, clearly lawful exercises of presidential perogatives to the state they were in, when Mr. Obama last held the office. But there’s been at least one sea change, at the Supremes, in favor of LGBTQ+ rights, since he left.

The Supremes ruled last Summer that the statutory language “on the basis of sex” must per force include prohibitions against discrimination aimed at the status of being gay or lesbian. And despite Baby-Tangerine’s endless attempts to rip it out of our well-settled laws, that remains. . . the federal law. So, Mr. Biden intends to cover additional logical classes of humans in that definition, as he re-instates policies of non-discrimination, where the classificaation might turn on gender identity. The logic is clear; if one is prohibited under our Constitution, so too, are the corallary “like cases“.

But the hard right has already threatened litigation (Y A W N), out of Texas, even as the ink dries on those new orders. Here’s that bit, from Reuters:

. . .Some of Biden’s executive actions are sure to prompt fresh court battles or reignite existing ones including orders bolstering LGBT rights. . . .

. . .[T]he Supreme Court is likely to have the final say absent the passage of legislation by Congress that cements the policies into law. . . .

Onward, but I’d predict that the hard right christians will face tough sledding on LBGTQ+ rights, at the Supremes. And (once outside of Texas, on appeal), they are likely to lose every lower level federal case they bring, in view of Gorsuch’s majority opinion in Bostock. Out now, smiling, into the clear cold sunshine of a flawless Friday.


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