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“Am I next?” That’s the question that should come to your mind when you think of G.R. & R.G. Harris Funeral Homes v. Equal Opportunity Employment Commission, which the US Supreme Court is set to hear Tuesday, Oct. 8.
And no, that’s not a reference to funeral homes in general—along the lines of “ask not for whom the bell tolls”—but whether or not Americans can rely on what the law says. If the ACLU has its way and defeats Harris Funeral Homes, everyday Americans will face punishment for violating laws that unelected officials have changed out from under them.
That’s at the heart of Harris. Ignoring almost a half-century of precedent—and more importantly, the text of federal law itself—a federal court of appeals effectively redefined “sex” to include “gender identity” to punish a funeral homeowner who was depending on the law to run his fifth-generation family business.