The war of words over the nomination of conservative justice Amy Coney Barrett to the US Supreme Court now spans the English lexicon—the Merriam-Webster dictionary updated its online definition of the term “sexual preference” after Judge Barrett was criticised for using it in her Supreme Court confirmation hearing.
While the term was, until September 28, used to refer to sexual orientation, it has now been updated to indicate its offensive nature.
“The term sexual preference as used to refer to sexual orientation is widely considered offensive in its implied suggestion that a person can choose who they are sexually or romantically attracted to,” reads the updated entry.
This comes after Judge Barrett, in her confirmation hearing, said she “never discriminated on the basis of sexual preference and would not ever discriminate on the basis of sexual preference,” in response to a question on whether she felt the Constitution protects gay people’s right to marry.
According to Senator Mazie Hirono, the term is offensive as it is used by anti-LGBTQ activists to suggest that sexual orientation is a choice.
“Let me make clear - sexual preference is an offensive and outdated term. To suggest sexual orientation is a choice? It's not. It's a key part of a person's identity. The LGBTQ+ community should be concerned with #WhatsAtStake with Judge Barrett on the Supreme Court,” Hirono tweeted.
“Sexual orientation is a key part of a person’s identity. That sexual orientation is both a normal expression of human sexuality and immutable was a key part of the majority’s opinion in Obergefell,” she said.
The Obergefell v. Hodges verdict in 2015 allowed the fundamental right to marry to be guaranteed to same-sex couples as well, requiring all 50 US states to recognise the same. Fears are that Judge Barrett, who has been alleged to have conservative leanings, will undermine this verdict.
However, Barrett was asked about the same during her confirmation hearing. She refused to state whether she agreed with late Justice Antoni Scalia, who had issued a dissenting verdict on Obergefell.
“If I were confirmed, you would be getting justice Barrett, not justice Scalia. I don’t think that anybody should assume that just because justice Scalia would decide a decision a certain way, that I would too – but I’m not going to express a view on whether I agree or disagree with justice Scalia [on same-sex marriage],” she said.
Barrett later said that she did not mean to offend anyone with her use of the term sexual preference.