Supreme Court: Yes to Gays, Clean Water and Sanctuary Cities, No to Trump/Pence

Today was a wonderful day for LGBT Americans as the U.S. Supreme Court in Bostock v. Clayton County ruled that existing civil rights non-discrimination laws regarding sex applied to LGBT citizens, thereby effectively making employment discrimination and other forms of anti-LGBT discrimination illegal nationwide. It was also a good day for California which saw the Court reject the Trump/Pence regime attack on so-called sanctuary cities   It was also a good day for environmental activists as the Court left the Clean Water Act intact.  The big loser was the Trump/Pence regime which was on the opposite side of the issue in all three cases.  The other big losers were white evangelical Christofascists who sought to have their bigotry and hatred placed above the law so that they could discriminate against LGBT citizens at will.  Indeed, some of the usually suspect in the Christofascist world are shrieking as if the world was ending - and also attacking Trump for his Court appointee, Neil Gorsuch, who wrote the majority opinion.   As a gay man, it is hard to describe my feelings.  Had this decision been handed down almost 20 years earlier, I might have been spared a financial nightmare when I was forced from a law firm for being gay.  At the time, I had zero employment non-discrimination protections.  I am SO happy that in the future LGBT individuals may be spared the experience that befell me. A piece at SCOTUS Blog explains the importance and impact of this ruling:

In affirming that Title VII’s broad scope prohibits discrimination on the basis of sexual orientation and gender identity, the Supreme Court immediately ended a form of stigmatic injury suffered by millions of citizens who identify as lesbian, gay, bisexual, or whose gender identity differs from their sex assigned at birth. The question whether the phrase “because of … sex” means what it says in the context of employer actions prohibited by Title VII has been definitively answered—it does. That is, because sexual orientation and gender identity cannot be explained as traits that someone has without making reference to the sex of the person, discrimination based on sexual orientation or gender identity is also because of an individual’s sex. The Supreme Court also once again concluded that it makes no difference under the text of Title VII whether an employer intended also to discriminate based on an additional reason, like motherhood or the identity of one’s spouse, if sex is a basis for the decision.

With that legal uncertainty removed, gone too is the practical uncertainty faced by real individuals weighing questions of whether to make career moves, geographic moves or moves to reveal aspects of their personal lives by openly sharing their authentic selves at work.

The opinion in Bostock v. Clayton County fulfills the best promises of textualism. The Supreme Court’s confirmation that all people have the right to be given the full measure of protection afforded to them by laws having meaning anchored in the written word is a powerful statement about the enduring power of people-led movements.

Maryland, along with 20 other states and the District of Columbia, expressly prohibits employment discrimination based on sexual orientation and gender identity through statute or regulation. Title VII now definitively joins these statutes in prohibiting all forms of discrimination based on sex, including discrimination based on traits like sexual orientation and gender identity that cannot be separated from an individual’s sex. The Bostock decision affirms that citizens may rely on the achievement of broad legislative protections against discrimination to provide long-lasting victory.

Importantly, the confirmation of Title VII’s sweep immediately cements protections for federal government workers, no matter their state of residency, and for individuals who work in states that have not yet specifically prohibited discrimination on the basis of sexual orientation and gender identity. In those states, LGBT workers facing discrimination may now bring complaints under Title VII to directly improve their own working conditions.

Other benefits will accrue over time. As Maryland and the 20 states and District of Columbia set forth in their amicus brief, discrimination is expensive. Reducing salary disparities, health care instability and increased health care costs due to the mental health effects of stigmatic discrimination will immediately benefit individuals and the states that care for them. There is also a body of evidence demonstrating that private industry benefits from reducing discrimination because of the increased creativity and productivity LGBT people bring to the workplace when they are included and when they are freed from the health effects of stigmatization. LGBT individuals and their families benefit from better working conditions, and so do states, which experience decreased use of their public benefits system and increased tax revenue as a result of increased innovation and productivity.

Indeed, everyone benefits except religious extremists - think Trump's evangelical base - motivated by hatred and a sick need to have others to denigrate so that they can feel a sense superiority.  

But, as noted, LBGT Americans were not the only winners today.  In its opinion in County of Maui v. Hawaiʻi Wildlife Fund the Court (including Justice Kavanaugh) sided with clean water advocates that point source discharges to navigable waters through groundwater are regulated under the Clean Water Act.   The Supreme Court also rejected the Trump administration’s effort to blow a big hole in the Clean Water Act’s protections for rivers, lakes, and oceans. As explained here these were defeats for the Trump/Pence regime:

In other words, the Clean Water Act prohibits unpermitted discharge of pollution “into navigable waters, or when the discharge reaches the same result through roughly similar means.” In doing so, the Court rejected the Trump administration’s polluter-friendly position in the clearest of terms: “We do not see how Congress could have intended to create such a large and obvious loophole in one of the key regulatory innovations of the Clean Water Act.”

Lastly, the Court also ended Trump's war on blue states that include so-call sanctuary cities.  A column in the Los Angeles Times looks at the Court's action (it is noteworthy that both of Trump's appointees ruled against his regime): 

Since his inauguration in 2017, President Trump has waged a mean-spirited, costly and unnecessary war against undocumented immigrants — many of whom have been living in this country for years and have been hard-working, law-abiding members of the their communities. Thankfully, the U.S. Supreme Court reaffirmed Monday that states and cities can’t be forced to support that pernicious effort.

California has been a regular target of Trump’s anger and frustration, particularly after the state passed a so-called sanctuary law in 2017 that limits how state and local law enforcement agencies cooperate with federal immigration agents. Former Atty. Gen. Jeff Sessions sued to overturn the state’s restrictions, complaining that California was trying to secede from federal law.

The Supreme Court brought that lawsuit to a halt Monday when it sided with California and rejected the Trump administration’s challenge. Notably, even Trump’s two appointees on the court — Justice Neil M. Gorsuch and Brett M. Kavanaugh — refused to hear the administration’s appeal.

At least for now, my faith in the Court is somewhat restored.  It would seem that with Trump's decline in the polls, even his appointees to the Court have decided to put the law first and Trump's whims and misogyny last.