by Karl Denninger
The rules of statutory construction are quite clear.
Due to the fact that statutes are deliberated over both in committee and on the floor, the words used are presumed to each have been chosen, individually and collectively, for specific purpose. The only means by which a court — any court — can overturn the clear meaning of specific words where one word was chosen and another was not, even if they refer to similar things, is if the outcome of the word(s) chosen would be patently stupid.
With this in hand the decision that came up today is particularly egregious.
The Supreme Court handed a big win to the LGBT community Monday, ruling in a 6-3 decision that an employer who fires a worker for being gay or transgender violates Title VII of the Civil Rights Act — which already protected people from employer sex discrimination, as well as discrimination based on race, color, religion or national origin.
Both the words “sex” and “gender” were available to Congress at the time of the Civil Rights Act’s passage; neither was novel and both had been known for hundreds of years. In addition Congress has had decades to revise said law and has not done so.