"The administration has been working to pursue a narrow definition of sex as biologically determined at birth, and to tailor its civil rights laws to meet it."

"Access to school bathrooms would be determined by biology, not gender identity. The military would no longer be open to transgender service members. Civil rights protections would not extend to transgender people in hospitals and ambulances. But the administration’s definition is now firmly at odds with how the court views 'sex' discrimination."

From "Supreme Court Expansion of Transgender Rights Undercuts Trump Restrictions/The ruling focused on employment discrimination, but legal scholars say its language could force expanded civil rights protections in education, health care, housing and other areas of daily life" (NYT).

Why is "sex" in quotes? I'd say the Court's case is also at odds with the effort to banish talk of sex and replace it with the concept of gender. I wonder, now will there be a new focus on sex?

Monday’s case was focused on employment law, a provision of the Civil Rights Act of 1964 known as Title VII. But Justice Neil M. Gorsuch’s opinion used language that is likely to apply to numerous areas of law where there is language preventing discrimination “because of sex” or “on the basis of sex.” Under the ruling, discrimination based on sexual orientation and gender identity ran afoul of the standard....

“They’ve ruled,” [President Trump] said. “I’ve read the decision, and some people were surprised, but they’ve ruled and we live with their decision.”

He's read the decision. Ha ha. Did anyone tell him it was 172 pages long before he concocted that lie? I assume it's a lie. And go ahead and bullshit that if you've read any of the opinion — a paragraph, say — you've "read the decision."

Anyway, I'm sure he doesn't mind the Supreme Court taking this pesky issue out of his hair.* "They’ve ruled and we live with their decision." If he really objected, he'd talk about how important it is to reelect him so he can appoint more Justices like Kavanaugh. Oh, but there is the complication that his #1 choice for the Supreme Court, Neil Gorsuch, wrote the opinion. He can't purport to have the power to control where the Court goes with all the legal issues.

But I don't think Trump is keen to hold back gay and transgender people. At most, he hopes to maintain the enthusiasm of the religious conservatives he needs to get reelected. But I don't think he is the slightest bit interested in reining in sexual — or gender — expression. Has he ever reined in his own?
______________________

* His orangified, poofed up, spray-spritzed hair.

"Today, we must decide whether an employer can fire someone simply for being homosexual or transgender."

"The answer is clear. An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbid.

Writes Justice Gorsuch, and Chief Justice Roberts is with the majority as well.

The answer is clear, because we've got 2 of the conservative justices joining the liberals. Nice work!

I'm reading the live blogging at SCOTUSblog.

Here's the PDF of the opinion. 172 pages. SCOTUSblog explains:

Alito has a long dissent with at least 4 appendixes, Appendix D is full of images of government forms....

kavanaugh [dissenting] ends with: "Notwithstanding my concern about the Court’s transgression of the Constitution’s separation of powers, it is appropriate to acknowledge the important victory achieved today by gay and lesbian Americans. Millions of gay and lesbian Americans have worked hard for many decades to achieve equal treatment in fact and in law. They have exhibited extraordinary vision, tenacity, and grit—battling often steep odds in the legislative and judicial arenas, not to mention in their daily lives. They have advanced powerful policy arguments and can take pride in today’s result. Under the Constitution’s separation of powers, however, I believe that it was Congress’s role, not this Court’s, to amend Title VII. I therefore must respectfully dissent from the Court's judgement. "

ADDED: From Alito's dissenting opinion, we see how much everyone pays obeisance to Justice Scalia:

The Court tries to convince readers that it is merely enforcing the terms of the statute, but  that is preposterous. Even as understood today, the concept of discrimination because of “sex” is different from discrimination because of “sexual orientation” or “gender identity.” And in any event, our duty is to interpret statutory terms to “mean what they conveyed to reasonable people at the time they were written.” A. Scalia & B. Garner, Reading Law: The Interpretation of Legal Texts 16 (2012) (emphasis added). If every single living American had been surveyed in 1964, it would have been hard to find any who thought that discrimination because of sex meant discrimination because of sexual orientation––not to mention gender identity, a concept that was essentially unknown at the time.

The Court attempts to pass off its decision as the inevitable product of the textualist school of statutory interpretation championed by our late colleague Justice Scalia, but no one should be fooled. The Court’s opinion is like a pirate ship. It sails under a textualist flag, but what it actually represents is a theory of statutory interpretation that Justice Scalia excoriated––the theory that courts should “update” old statutes so that they better reflect the current values of society. See A. Scalia, A Matter of Interpretation 22 (1997). If the Court finds it appropriate to adopt this theory, it should own up to what it is doing.

Many will applaud today’s decision because they agree on policy grounds with the Court’s updating of Title VII. But the question in these cases is not whether discrimination because of sexual orientation or gender identity should be outlawed. The question is whether Congress did that in 1964.

I understand your argument, but right now, I am busy applauding.

ALSO: This does help Trump, of course.

PLUS: Here's something from the Gorsuch majority opinion:

By discriminating against homosexuals, the employer intentionally penalizes men for being attracted to men and women for being attracted to women. By discriminating against transgender persons, the employer unavoidably discriminates against persons with one sex identified at birth and another today. Any way you slice it, the employer intentionally refuses to hire applicants in part because of the affected individuals’ sex, even if it never learns any applicant’s sex....

We agree that homosexuality and transgender status are distinct concepts from sex. But, as we’ve seen, discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second. Nor is there any such thing as a “canon of donut holes,” in which Congress’s failure to speak directly to a specific case that falls within a more general statutory rule creates a tacit exception. Instead, when Congress chooses not to include any exceptions to a broad rule, courts apply the broad rule. And that is exactly how this Court has always approached Title VII. “Sexual harassment” is conceptually distinct from sex discrimination, but it can fall within Title VII’s sweep. Oncale, 523 U. S., at 79–80. Same with “motherhood discrimination.” See Phillips, 400 U. S., at 544. Would the employers have us reverse those cases on the theory that Congress could have spoken to those problems more specifically? Of course not. As enacted, Title VII prohibits all forms of discrimination because of sex, however they may manifest themselves or whatever other labels might attach to them.

"I’ve wondered whether, if I’d been born 30 years later, I too might have tried to transition. The allure of escaping womanhood would have been huge."

"I struggled with severe OCD as a teenager. If I’d found community and sympathy online that I couldn’t find in my immediate environment, I believe I could have been persuaded to turn myself into the son my father had openly said he’d have preferred."

I'm reading "J.K. Rowling Writes about Her Reasons for Speaking out on Sex and Gender Issues" (at J.K. Rowling's website). Excerpt:

I’m concerned about the huge explosion in young women wishing to transition and also about the increasing numbers who seem to be detransitioning (returning to their original sex), because they regret taking steps that have, in some cases, altered their bodies irrevocably, and taken away their fertility. Some say they decided to transition after realising they were same-sex attracted, and that transitioning was partly driven by homophobia, either in society or in their families.

Most people probably aren’t aware... that ten years ago, the majority of people wanting to transition to the opposite sex were male. That ratio has now reversed. The UK has experienced a 4400% increase in girls being referred for transitioning treatment. Autistic girls are hugely overrepresented in their numbers.
The same phenomenon has been seen in the US. In 2018, American physician and researcher Lisa Littman set out to explore it. In an interview, she said: ‘Parents online were describing a very unusual pattern of transgender-identification where multiple friends and even entire friend groups became transgender-identified at the same time. I would have been remiss had I not considered social contagion and peer influences as potential factors.’

Littman mentioned Tumblr, Reddit, Instagram and YouTube as contributing factors to Rapid Onset Gender Dysphoria, where she believes that in the realm of transgender identification ‘youth have created particularly insular echo chambers.’

Her paper caused a furore. She was accused of bias and of spreading misinformation about transgender people, subjected to a tsunami of abuse and a concerted campaign to discredit both her and her work. The journal took the paper offline and re-reviewed it before republishing it. However, her career took a similar hit to that suffered by Maya Forstater. Lisa Littman had dared challenge one of the central tenets of trans activism, which is that a person’s gender identity is innate, like sexual orientation. Nobody, the activists insisted, could ever be persuaded into being trans.

The argument of many current trans activists is that if you don’t let a gender dysphoric teenager transition, they will kill themselves. In an article explaining why he resigned from the Tavistock (an NHS gender clinic in England) psychiatrist Marcus Evans stated that claims that children will kill themselves if not permitted to transition do not ‘align substantially with any robust data or studies in this area. Nor do they align with the cases I have encountered over decades as a psychotherapist.’

The writings of young trans men reveal a group of notably sensitive and clever people. The more of their accounts of gender dysphoria I’ve read, with their insightful descriptions of anxiety, dissociation, eating disorders, self-harm and self-hatred, the more I’ve wondered whether, if I’d been born 30 years later, I too might have tried to transition. The allure of escaping womanhood would have been huge. I struggled with severe OCD as a teenager. If I’d found community and sympathy online that I couldn’t find in my immediate environment, I believe I could have been persuaded to turn myself into the son my father had openly said he’d have preferred.

When I read about the theory of gender identity, I remember how mentally sexless I felt in youth. I remember Colette’s description of herself as a ‘mental hermaphrodite’ and Simone de Beauvoir’s words: ‘It is perfectly natural for the future woman to feel indignant at the limitations posed upon her by her sex. The real question is not why she should reject them: the problem is rather to understand why she accepts them.’

As I didn’t have a realistic possibility of becoming a man back in the 1980s, it had to be books and music that got me through both my mental health issues and the sexualised scrutiny and judgement that sets so many girls to war against their bodies in their teens. Fortunately for me, I found my own sense of otherness, and my ambivalence about being a woman, reflected in the work of female writers and musicians who reassured me that, in spite of everything a sexist world tries to throw at the female-bodied, it’s fine not to feel pink, frilly and compliant inside your own head; it’s OK to feel confused, dark, both sexual and non-sexual, unsure of what or who you are.

I want to be very clear here: I know transition will be a solution for some gender dysphoric people, although I’m also aware through extensive research that studies have consistently shown that between 60-90% of gender dysphoric teens will grow out of their dysphoria....

We’re living through the most misogynistic period I’ve experienced. Back in the 80s, I imagined that my future daughters, should I have any, would have it far better than I ever did, but between the backlash against feminism and a porn-saturated online culture, I believe things have got significantly worse for girls. Never have I seen women denigrated and dehumanised to the extent they are now. From the leader of the free world’s long history of sexual assault accusations and his proud boast of ‘grabbing them by the pussy’, to the incel (‘involuntarily celibate’) movement that rages against women who won’t give them sex, to the trans activists who declare that TERFs need punching and re-educating, men across the political spectrum seem to agree: women are asking for trouble. Everywhere, women are being told to shut up and sit down, or else.

I’ve read all the arguments about femaleness not residing in the sexed body, and the assertions that biological women don’t have common experiences, and I find them, too, deeply misogynistic and regressive.... [A]s many women have said before me, ‘woman’ is not a costume. ‘Woman’ is not an idea in a man’s head. ‘Woman’ is not a pink brain, a liking for Jimmy Choos or any of the other sexist ideas now somehow touted as progressive. Moreover, the ‘inclusive’ language that calls female people ‘menstruators’ and ‘people with vulvas’ strikes many women as dehumanising and demeaning. I understand why trans activists consider this language to be appropriate and kind, but for those of us who’ve had degrading slurs spat at us by violent men, it’s not neutral, it’s hostile and alienating....

But endlessly unpleasant as its constant targeting of me has been, I refuse to bow down to a movement that I believe is doing demonstrable harm in seeking to erode ‘woman’ as a political and biological class and offering cover to predators like few before it....

"Did he have a sense of humor about himself? Kind of. But you couldn’t quite tell..."

"... because he would start saying things like, 'I am the most beautiful. I am the king,' all that kind of stuff. It’s like [Flamboyant 1940s and Fifties wrestler] Gorgeous George. A lot of boxers and wrestlers do that. Trump does that [laughs]. But that was like stuff he said on stage. Maybe he got confused, as many of us do, about whether you’re on the stage or in real life.... When he was the biggest singer in the country and his songs were huge hits, people didn’t talk about him being gay or anything. I don’t know if he was beyond that because he was so scary. They didn’t even know what he was. He was a Martian more than being gay. It was like he was from another planet.... [H]e died completely homophobic and saying horrible things about gay people and transgender people. I would always say in my [spoken word] show that we should kidnap him and deprogram him, like what that guy Ted Patrick used to do with Moonies. Remember when parents would hire him to get their kids, and he would take you to a hotel room for a week and get you unprogrammed?...  I guess he flipped over to radical Christianity. He could have been a Christian and not a hate-Christian. He could have just quietly gone to church. A lot of people do, but they don’t say terrible things about gay people. Especially when you look like that [laughs]. Especially when you were Princess Lavonne in the carnival; he was a drag queen in the carnival and wrote about it in his book."

From an interview in Rolling Stone with the film director John Waters. Waters interviewed Little Richard for Playboy in 1987, and Little Richard tried to take the interview back after he'd given it.

Waters has long worn a mustache that he says was modeled on Little Richard:



And Waters used Little Richard's song "The Girl Can't Help It" in his movie "Pink Flamingos":



That's a parody of this sequence in the 1956 movie "The Girl Can't Help It":

"Try to imagine Muhammad Ali without Little Richard’s winking persona, his swing and swagger ('I am the King!')."

"Try to imagine James Brown, the Beatles, Jimi Hendrix, Otis Redding, Bob Dylan, Mick Jagger, David Bowie, Janis Joplin, Elton John, and Prince without his electrical charge. Little Richard was an original, and he did not hesitate to remind his students of their debt. He once looked into a television camera and, with affection, told Prince, 'I was wearing purple before you was wearing it!'... Richard Penniman was born in 1932 into a large, poor Christian family, in Macon, Georgia. His father was a brick mason and a bootlegger. One of Richard’s legs was shorter than the other, making him a source of mockery among other children. 'They thought I was trying to twist and walk feminine... The kids would call me faggot, sissy, freak.'... Even as a child singer, Richard was known for his high range and incredible volume. But, in his father’s eyes, he was unbearably effeminate and not to be tolerated. When Richard was a teen-ager, he was thrown out of the house and went to live with Ann and Johnny Johnson, a white couple who ran a local venue, the Tick Tock Club.... Throughout his teens, he was in and out of outfits like Buster Brown’s Orchestra (where he got the name Little Richard) and the Tidy Jolly Steppers. He sang, sometimes wearing a red evening gown, under the name Princess Lavonne, in Sugarfoot Sam’s Minstrel Show."

From "Little Richard, the Great Innovator of Rock and Roll" by David Remnick (The New Yorker).

I wanted to find a photograph of Little Richard in the Princess Lavonne persona. I did find this description at Talkhouse, "Pour on the Steam: Little Richard at Age 19/Adam Weiner (Low Cut Connie) tells a tale of magical personhood in a Macon, Georgia bus station":

It was a medicine show spiritualist pseudo-psychic passing through town named Doctor Nobilio who was the first to tell Richard he would be massively famous—he just needed to get the hell out of Macon. He quit high school and joined up with a series of amazingly-titled rinky-dink traveling shows, initially billed as Little Richard, and then as the great Princess Lavonne. He performed with Dr. Hudson’s Medicine Show, Sugarfoot Sam from Alabam, the Tidy Jolly Steppers, and the Broadway Follies. Princess Lavonne was an intense, hilarious Queen in Pancake 31 makeup. He worked on his schtick, but ultimately was an awkward drag performer. He had a natural gift to electrify and seduce, but with his mismatched legs, he couldn’t figure out how to walk or dance in heels so he would just stand still and wait for someone to open and close the curtain...

I'd also love to hear the story from the perspective of Ann and Johnny Johnson. Who were these white people who took in Little Richard when his father was so cruel to him? Or was his father cruel to him?

Bud Penniman. What voice did that man have?