I took out the italics and shortened it a little.
Bostock v. Clayton County (2020). In a powerful dissent joined by Justice Clarence Thomas, Justice Samuel Alito condemned the ruling as “preposterous” and betraying “breathtaking” arrogance. . . . the Supreme Court usurped the power of Congress by creating “legislation.”
. . . the position that the Court now adopts will threaten freedom of religion, freedom of speech, and personal privacy and safety. No one should think that the Court’s decision represents an unalloyed victory for individual liberty,” Alito warns. His dissent lays out seven different realms of American life that will be affected by this ruling.
1. Bathrooms and changing rooms
Alito warns, “the Court may wish to avoid this subject, but it is a matter of concern to many people who are reticent about disrobing or using toilet facilities in the presence of individuals whom they regard as members of the opposite sex. For some, this may simply be a question of modesty, but for others, there is more at stake. For women who have been victimized by sɛҳuąƖ assault or abuse, the experience of seeing an unclothed person with the anatomy of a male in a confined and sensitive location such as a bathroom or locker room can cause serious psychological harm.”
Based on broad understandings of “transgender status” that could include those who identify as “gender fluid” and those who have not undergone any surgery to alter their bodies. “A person who has not undertaken any physical transitioning may claim the right to use the bathroom or locker room assigned to the sex with which the individual identifies at that particular time,” Alito reasoned.
This is not to say that transgender people are predators, but to note that women have passionately fought for their rights and now their private spaces will be open to biological males. The true concern is not that a male who identifies as a female will abuse women, but that prurient men will abuse this loophole and some women who have experienced sɛҳuąƖ assault will be victimized by being forced to share intimate quarters with biological males.
2. Women’s sports
Alito also warns that “the right of a transgender individual to participate on a sports team or in an athletic competition previously reserved for members of one biological sex” may arise under Title VII and Title IX due to the Court’s ruling in Bostock.
3. Housing
Bostock “may lead to Title IX cases against any college that resists assigning students of the opposite biological sex as roommates,” Alito warns. It may also force rape crisis centers for women to admit biological males who claim to identify as women. One such center has already been vandalized with transgender slogans, and some centers have fought long legal battles over the right to allow safe harbor only for women.
4. Religious employment
Alito cites “briefs filed by a wide range of religious groups––Christian, Jєωιѕн, and Muslim–– [that] express deep concern that the position now adopted by the Court ‘will trigger open conflict with faith-based employment practices of numerous churches, ѕуηαgσgυєs, mosques, and other religious institutions.’ They argue that ‘[r]eligious organizations need employees who actually live the faith,’ and that compelling a religious organization to employ individuals whose conduct flouts the tenets of the organization’s faith forces the group to communicate an objectionable message.”
Alito warns that this problem is “perhaps most acute” in the employment of teachers. “A school’s standards for its faculty ‘communicate a particular way of life to its students,’ and a ‘violation by the faculty of those precepts’ may undermine the school’s ‘moral teaching.’ Thus, if a religious school teaches that sex outside marriage and sex reassignment procedures are immoral, the message may be lost if the school employs a teacher who is in a same-sex relationship or has undergone or is undergoing sex reassignment.”
5. Health care
“Transgender employees have brought suit under Title VII to challenge employer-provided health insurance plans that do not cover costly sex reassignment surgery.”
“Such claims present difficult religious liberty issues because some employers and healthcare providers have strong religious objections to sex reassignment procedures, and therefore requiring them to pay for or to perform these procedures will have a severe impact on their ability to honor their deeply held religious beliefs,” he explains.
Indeed, the Department of Health and Human Services (HHS) just finalized a rule rightly defining sex as biological sex and reversing the Obama administration on these issues. Does Bostock make that HHS rule unconstitutional?
6. Freedom of speech
Alito warns that “the Court’s decision may even affect the way employers address their employees and the way teachers and school officials address students. Under established English usage, two sets of sex-specific singular personal pronouns are used to refer to someone in the third person (he, him, and his for males; she, her, and hers for females). But several different sets of gender-neutral pronouns have now been created and are preferred by some individuals who do not identify as falling into either of the two traditional categories.”
“Some jurisdictions, such as New York City, have ordinances making the failure to use an individual’s preferred pronoun a punishable offense, and some colleges have similar rules. After today’s decision, plaintiffs may claim that the failure to use their preferred pronoun violates one of the federal laws prohibiting sex discrimination,” the justice warns.
7. Constitutional claims
“If the Court had allowed the legislative process to take its course, Congress would have had the opportunity to consider competing interests and might have found a way of accommodating at least some of them.” Instead, the Supreme Court has made law, just like it did in Roe v. Wade and Obergefell v. Hodges.