The ruling is a strict constructionist view of law.
The West Virginia Supreme Court has ruled that laws against discrimination on the basis of a person’s sex do not include “sexual orientation.”
The 3-2 decision upholds an originalist view of legislation whereby the judicial system interprets the intent of law and does not legislate from the bench.
Chief Justice Allen H. Loughry II delivered the ruling Saturday, which determined that “where the language of a statute is clear and without ambiguity, the plain meaning is to be accepted.” The ruling takes a strict constructionist view of law, which strikes at the heart of attempts to expand old laws to create a special class of “hate crimes.”
At issue was a 1987 state civil rights law (WV Code 61-6-21b) that prohibited discrimination on the basis of various characteristics, including “sex.”..
In the end, the state Supreme Court affirmed a circuit court’s ruling that the 1987 anti-discrimination law was “unambiguous.” Noting that sex and sexual orientation have quite different meanings, the court verified that justices are “bound to apply the law as it stands” and “cannot expand the word ‘sex’ to include ‘sexual orientation’ within West Virginia Code § 61-6-21(b).”…
This West Virginia ruling is the exact opposite of a Chicago appeals court ruling on April 4 that Title VII of the 1964 Civil Rights Act, which bans discrimination on the basis of race, color, religion, sex, and national origin, also covers homosexuality.
Two of the three women on the five-member West Virginia Supreme Court, Justices Robin Jean Davis and Margaret L. Workman, dissented. Their written dissent extensively quoted the Chicago appellate court’s redefining of “sex” not as one’s binary gender but as including expected gender roles versus homosexual activity. LifeSiteNews