Conservatives turned out in 2016 to make sure Donald Trump was the one making Supreme Court nominations.
Their trust paid off when President Trump appointed Neil Gorsuch and Brett Kavanaugh to the nation’s highest court.
But now Brett Kavanaugh dropped a bombshell about a case that left Democrats with their heads in their hands.
The Supreme Court stunned officials in Washington when the Justices announced they would hear a series of cases to settle the issue of whether homosexuals and transgenders were protected by the 1964 Civil Rights Act.
The plain text of the law does not list sexual orientation or “gender identity” as a protected class.
But liberals argue that homosexuals and transgenders are owed special rights under the law.
The Supreme Court is taking up these cases that two Circuit Courts offered differing opinions.
In the first case, the Second Circuit Court of Appeals ruled in favor of a New York skydiving instructor who was fired after he told a female customer not to worry about being strapped to him during a dive because he was a homosexual.
A narrow majority of the court ruled in his favor.
But Judge Gerard Lynch dissented saying it was up to Congress to extend the Civil Rights Act protections to homosexuals.
“Speaking solely as a citizen,” Judge Lynch wrote, “I would be delighted to awake one morning and learn that Congress had just passed legislation adding sexual orientation to the list of grounds of employment discrimination prohibited under Title VII of the Civil Rights Act of 1964. I am confident that one day — and I hope that day comes soon — I will have that pleasure.”
“I would be equally pleased to awake to learn that Congress had secretly passed such legislation more than a half-century ago — until I actually woke up and realized that I must have been still asleep and dreaming,” Judge Lynch added. “Because we all know that Congress did no such thing.”
In a Georgia case, the 11th Circuit Court of Appeals held that a 1979 court ruling found that the “discharge for homosexuality is not prohibited by Title VII.”
The final case involves a Michigan man who was fired from his job at a funeral home for stating he would come to work dressed in women’s clothing and “identify” as a female.
The man sued and the Sixth Circuit ruled in his favor.
Now all these cases are headed to the Supreme Court, but past decisions granting victories to the homosexual lobby may not predict future success in these decisions.
In the past, Justice Anthony Kennedy was the swing vote that advanced the radical homosexual agenda.
But Donald Trump replaced Kennedy with Brett Kavanaugh.
Trump’s other Supreme Court Justice, Neil Gorsuch, already stated in an earlier case that the court should interpret the laws as Congress originally wrote them.
That suggests there are four votes to correctly rule that transgenders and homosexuals are not entitled to special rights under federal law.
Justice Kavanaugh will likely cast the deciding vote.
And conservatives hope that he sticks to his guns and agrees with Justice Gorsuch on using the plain meaning of the text which Congress passed into law to decide these cases.
We will keep you up to date on any new developments in this ongoing story.