 Alito's dissent fundamentally criticized Gorsuch's opinion as textualism, as in his opinion, the majority judgement went beyond the plain language of the law to claim that its intent in 1964 covered sexual orientation and gender identity as part of the meaning of "sex" in the passed statute.Alito called the majority's decision a "pirate ship", in that "It sails under a textualist flag, but what it actually represents is a theory of statutory interpretation that Justice Scalia excoriated––the theory that courts should "update" old statutes so that they better reflect the current values of society.