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Supreme Court Justice Neil Gorsuch, in a recent interview with New York Times columnist David French, discussed his new book, Overruled: The Human Toll of Too Much Law. During the interview, Gorsuch made a profound yet obvious statement about the principles on which our country was founded. He said, “We’re all created equal, we all have inalienable rights, and the legitimacy of the government stems from the consent of the governed.” He also noted that these are “radical ideas.”
It is worth remembering that when the U.S. Constitution was ratified in 1788, the right to vote was primarily determined by individual states, where voting was generally limited to white men. Holding public office, serving on a jury, and property ownership were among the many inequalities based on race, gender, and economic status.
These rights have been expanded over time, but even some seemingly logical expansions of rights and protections have been met with fierce opposition. Currently, there is loud resistance to an update to Title IX. Last week, the 11th Circuit Court of Appeals granted a request for an administrative injunction on behalf of Alabama, Florida, Georgia, and South Carolina, pausing the enforcement of the Biden Administration’s final rule for Title IX, originally slated to take effect on August 1.
Title IX is the landmark federal civil rights law enacted as part of the Education Amendments of 1972, which prohibits sex-based discrimination in any school or educational program receiving federal funding. It was initially a follow-up to the Civil Rights Act of 1964, which aimed to end discrimination based on race, color, religion, sex, or national origin in employment and public accommodation.
The new updates were proposed to combat bullying, harassment, and discrimination faced by LGBTQ+ students, with the goal of promoting a healthier and more supportive educational environment. The principle here is that all students should have equal access to educational opportunities, free from barriers and discrimination. It aims to level the playing field so that every student can participate fully in academic and extracurricular activities.
The resistance to these updates is not just a policy stance—it’s a calculated political strategy aimed at mobilizing the conservative and religious base of the Republican Party. This opposition is part of a broader movement among religious conservatives who vehemently oppose the recognition of gender identity and the rights of transgender individuals.
This is the same battle that was fought to free enslaved people, give women the right to vote, and secure a myriad of freedoms once only enjoyed by white men.
Currently, there is a growing tension between the realities of a changing society and outdated norms of the past. Should we toss aside history and traditions? Of course not. But we should also not be so foolish as to think that any government or people can resist change occurring in society for long without experiencing chaos, calamity, and eventual collapse.
Throughout history, great empires have risen and fallen, often due to their rigid adherence to outdated ideologies and resistance to necessary change in response to evolving conditions. The Roman Empire, the Qing Dynasty, the Ottoman Empire, and the Soviet Union serve as prime examples of this phenomenon. These once-mighty states illustrate how an inability to adapt can lead to decline and eventual collapse.
The ability to adapt and change in response to new information or changing circumstances is a hallmark of human resilience and intelligence. This innate ability is not only a fundamental survival mechanism but also a driving force behind progress and innovation. This is true not only for individuals but also for governments and societies.
As Gorsuch noted, “the legitimacy of the government stems from the consent of the governed.” The great wisdom of our nation has been that voters are more likely to embrace the future, not the past. The energy of “We the people” has always been on the side of progress and the hope of a better tomorrow. While some will always cling to the rotting roots of bygone days, the vast majority of our state and nation yearn for the freedoms embedded in the bedrock of our radical constitutional government. And many are willing to fight for a future that is based on freedom and equality for all rather than return to a time when a few were more equal than others.
