Judge Refuses to Rewrite Title VII

While federal judges increasingly show a proclivity toward “interpreting” laws in ways that actually rewrite them (see today’s blog post), the 11th Circuit Court of Appeals actually demonstrated some judicial restraint in a decision released this week. Lambda Legal, which represented fired lesbian security guard Jameka Evans, had hoped the court would expand the word “sex” in Title VII of the Civil Rights Act to include sexual orientation. The court refused, leaving it up to Congress to decide if sexual orientation should be added to the law.

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