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  1. Does SCOTUS's recent 5-4 ruling allowing lower court decisions to block the Biden administration's pro-LGBTQ, pro-pregnant women updates to Title IX legislation signal an abandonment of 2020's groundbreaking Bostock v. Clayton County ruling that indicated prohibiting “sex” discrimination also bars discrimination against LGBTQ people? It's unclear, but given the court's ongoing quest to turn back the clock on American civil rights and enforce a Christian Nationalist order on American life, I wouldn't bet against it.

    vox.com/scotus/367636/supreme-

    Did the Supreme Court just overrule one of its most important LGBTQ rights decisions?

    "Because Bostock ruled that it is “impossible” to discriminate against a gay or transgender person without discriminating based on sex, the Biden administration’s new rules define discrimination “on the basis of sex” to include “discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.”

    Before Friday, moreover, the Court’s decision in Bostock appeared safe from its Republican supermajority. Bostock, after all, was handed down in 2020, after former President Donald Trump had already appointed two of the three justices he would eventually place on the Court. And the majority opinion was authored by Gorsuch and joined by Chief Justice John Roberts, both Republicans.

    So, even after Justice Ruth Bader Ginsburg’s death gave Republicans a 6-3 supermajority on the Court, it appeared that there were still five justices remaining who agreed with Bostock’s reasoning. The decision in Louisiana, however, creates serious doubt about whether this Court will still protect LGBTQ people from discrimination."

    Unfortunately, this article is precisely the type of "reading the tea leaves" coverage of critically important legal rulings that typically causes folks who aren't lawyers to dismiss the importance of what's being discussed here. On the surface, allowing lower court rulings to block Biden's updates to Title IX regulations on behalf of red-state lawmakers and fascist AstroTurf "parent's rights groups" may seem like it only affects schools and educational institutions, but the way in which this case was ultimately ruled is an ominous warning sign that the court may allow the revanchist right to repeal all workplace protections for LGBTQ people in the very near future. Such an outcome, would return America to its still quite recent dark days of allowing employers to discriminate against or even fire people simply because they're openly gay, lesbian, bi, trans, or nonbinary. Furthermore, given the other revanchist decisions made by this court, including Dobbs, it's unclear that this rollback of American civil rights protections will stop there; as many observers have been warning since the fascists achieved a 6-3 supermajority on the court.

    To be clear, a hypothetical decision to undo Bostock, whether through a direct ruling or simply by pretending it doesn't exist in the context of court decisions would be absolutely disastrous for all victims of anti-LGBTQ discrimination in our society, and there's no way around that reality. By that same measure however, I would remind the court and the fascist freakjobs looking to weaponize the law against us that you cannot rewind time. No amount of legal repression is going to end the existence of LGBTQ people in American life, and we're not going back into the closet just because 5 or 6 nazi fundie pigs in funny robes insist that it's legal to try and drive us there. Queer Americans existed before Bostock, and if indeed this is an attempt to roll back that ruling, I can assure you that queer Americans will exist after these fascists do so.

    With the fullness of my breath, I can promise you that in the long run these fundie fascist freaks will fail, and America is no longer a place that can survive without the acceptance of queer people. There may indeed be dark days ahead, and as a trans woman trying to survive an unrecognized pogrom against trans people, I can assure you that in some respects those dark days are already here; but the fascists will *not* win. Queer people will survive, and thrive, and in the full light of history the fascists trying to erase us will be consigned to the trash bins they belong in - you can mark my words on that.

    #Fascism #SCOTUS #TitleIX #LGBTQRights #QueerRights #BostockVClaytonCounty

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