October 8, 2019
WASHINGTON— Bishop chairmen of three committees of the United States Conference of Catholic Bishops (USCCB) commented on three cases argued before the Supreme Court today – Bostock v. Clayton County, Ga., Altitude Express v. Zarda, and R.G. & G.R. Harris Funeral Homes v. Equal Opportunity Employment Commission. These cases present the question whether the prohibition on employment discrimination based on “sex” in Title VII of the Civil Rights Act of 1964 includes “sexual orientation” and “gender identity” discrimination, respectively.
Bishop Robert J. McManus, of Worcester, Chairman of the Committee for Religious Liberty, Bishop Frank J. Dewane, of Venice, Chairman of the Committee on Domestic Justice and Human Development, and Bishop James D. Conley, of Lincoln, Chairman of the Subcommittee for the Promotion and Defense of Marriage, issued the following statement:
“Today the U.S. Supreme Court heard oral argument regarding the meaning of the word ‘sex’ in federal law. Words matter; and ‘sex’ should not be redefined to include sexual inclinations or conduct, nor to promulgate the view that sexual identity is solely a social construct rather than a natural or biological fact. The Supreme Court affirmed that sex is an ‘immutable characteristic’ in the course of establishing constitutional protections for women against sex discrimination in the 1970s. Such protection is no less essential today. Title VII helps ensure the dignified treatment of all persons, and we as Catholics both share and work toward that goal. Redefining ‘sex’ in law would not only be an interpretive leap away from the language and intent of Title VII, it would attempt to redefine a fundamental element of humanity that is the basis of the family, and would threaten religious liberty.”
On August 23, the USCCB filed amicus curiae briefs in the cases, available at http://www.usccb.org/about/general-counsel/amicus-briefs/upload/Bostock-8-23-19.pdf and http://www.usccb.org/about/general-counsel/amicus-briefs/upload/Harris-8-23-19.pdf
In addition, staff prepared a backgrounder on the cases.
The USCCB joined a number of other religious organizations in filing an amicus curiae brief with the Supreme Court for the case Gloucester County School Board v. G.G.
The case involves a “transgender boy” (biological girl), identified as “G.G.,” who seeks to use the boys’ restroom at her public high school. The student sued under Title IX (which prohibits discrimination on the basis of sex) and the Equal Protection Clause of the U.S. Constitution. The district court dismissed the case, but the Fourth Circuit Court of Appeals, in a 2-1 decision, ruled in favor of the student. The Gloucester County School Board sought review before the U.S. Supreme Court and received a temporary stay from the high Court that prohibits the student from using the boys’ restroom while the case is on review. In October, the U.S. Supreme Court agreed to hear the case. Other federal lawsuits of the same kind (student vs. school board) are on hold until this case is settled.
The religious organizations on the brief note, “The religious liberty we cherish is threatened by the Fourth Circuit’s decision adopting the Department of Education’s expansion of Title IX beyond any plausible interpretation.” For, “Major religious traditions—including those represented by amici—share the belief that a person’s identity as male or female is created by God and immutable.”