In 2013, Tom was informed that one of his employees, a male funeral director who had promised to follow the company’s sex-specific dress code, intended to dress and present as a woman.
While that employee was free to dress however that employee wanted outside of work, Harris Funeral Homes expects its funeral directors to follow the dress code during working hours. After all, the dress code is a crucial component to how it serves grieving families. But the employee made a decision to break a promise. After considering the needs of the funeral director, other employees, and the grieving families the funeral home serves, the funeral home felt it had no choice but to part ways with the employee.
That’s when the Equal Employment Opportunity Commission (EEOC) filed a lawsuit against Harris Funeral Homes.
This should have been an open-and-shut case. After all, Tom and Harris Funeral Homes were acting consistently with existing laws. Small businesses are allowed under the law to have sex-specific dress codes. Even the EEOC’s own employee manual states that a “dress code may require male employees to wear neckties at all times and female employees to wear skirts at all times.”
But the EEOC elevated its political goals above the interests of the grieving families that Tom and Harris Funeral Homes serve.
To achieve these political goals, the EEOC decided that the definition of “sex” in Title VII of the Civil Rights Act should be rewritten to mean “gender identity.” But neither government agencies nor courts have the authority to rewrite federal law. That’s a blatant and unconstitutional overreach. In America, Congress makes law. It says so in our Constitution. That power does not belong to unelected bureaucrats.
Thankfully, the federal government has changed its position. It now supports Tom. But the ACLU represents the funeral director and is continuing to press the case against Harris Funeral Homes in an effort to rewrite the law.
That’s why Tom asked the U.S. Supreme Court to hear his case and uphold his freedom. No one should be punished for acting consistently with existing laws.
Now, we have an opportunity to secure another important victory for freedom at the High Court. And the decision in this case could impact us all.
But it is only through God’s provision (John 15:5) and your faithful prayers and support that any of this is possible.
Please make your tax-deductible gift right now to ensure that people like Tom never have to stand alone.