Supreme Court Ruling: Cause for Celebration and Concern

On June 15, 2020, the U.S. Supreme Court issued a surprise 6 to 3 decision written by conservative Justice Neil Gorsuch in three cases interpreting Title VII of the Civil Rights Act banning sex discrimination in employment, The first two cases involved gay men who lost their jobs for being gay (Bostock vs. Clayton County, Georgia, and Altitude Express Inc. v Zarda) and the third involved a transgender-identified male who was fired upon announcing he was “transitioning” and would be returning to work in women’s garb (Harris Funeral Homes vs. EEOC.).

First the good news. The Court held that discrimination based on homosexuality was covered under Title VII as a form of sex discrimination since it is intrinsically tied to biological sex. This means that after many decades of struggle, lesbians and gay men finally now have federal civil rights protection against job discrimination. Also, the interpretation of Title VII is so broad that sex-based dress and grooming codes and discrimination based on all forms of gender non-conformity may be successfully challenged in the future, something important to feminists.

The decision in the Harris case is far more problematic for feminists concerned abut the maintenance of sex-based rights. True, Judge Gorsuch did not fully embrace transgender ideology,; he did not deny the existence of sex; he didn’t use the popular expression among transactivists, “assigned at birth”, and instead, referred to “observed sex at birth.”, But he did refer to Stephens as “she” and find transgender status to be a form of sex discrimination.

Though the Court limited its ruling to firing someone based on homosexual and transgender status, and stated that the Court was not ruling on single sex bathrooms and changing rooms, we do indeed have to worry about the future.  Title VII law has a strong influence on the interpretation of Title IX and other Civil rights statutes. Even getting the Equal Rights Amendment into the Constitution as currently written will be a double edged sword, since sex and transgender status are now merged. Fighting for legislation that spells out sex-based rights to female-only spaces and programs, as FIST did in its proposed Feminist Amendments to the Equality Act, has become in light of this decision, more important than ever.

Don’t Disappear the “L” Action in San Diego

On Friday, July 12, eve of San Diego’s gay pride parade, 5 intrepid FIST lesbians sallied forth to put up stickers. The slogan was “Don’t disappear the L. Lesbians are women who love women. ” First we all enjoyed a great meal and conversation.

Then we started our stealth stickering on University Avenue in Hillcrest, which is San Diego’s version of San Francisco’s Castro. I must say this, yours truly was a bit nervous. The place was packed with revelers making merry. At times it was almost impossible to walk.

We plastered many street poles and “No Parking Pride Parade” signs. In fact just about anywhere the festivities were being advertised.

My favorite was the box giving out free “Gay San Diego” newspapers. Our stickers looked great there, an attempt to return us to the community from which we were rejected.

At the end of University was ground zero for all of this, the “Center” which houses all communities related to pride. Everyone is welcome, that is except for those lesbians who just want to be with other women. We are commonly called “terfs.”

The place was deserted of course as everyone was out at the bars and in the streets. But we left our calling cards there too.  After that we walked back to our cars, plastering the last of our stickers. Between the feeling of comraderie and subversiveness, a good time was had by all!

Reporting from San Diego, a proud radical feminist.