The full bench of the U.S. Court of Appeals for the 7th Circuit, based in Chicago, substantially advanced the cause of gay rights on April 4, releasing an unprecedented decision in Kimberly Hively v. Ivy Tech Community College, 2017 WL 1230393, holding that Title VII of the Civil Rights Act of 1964, which applies generally to all employers with fifteen or more employees as well as many federal, state and local government operations, prohibits … <Read More>
Legal Issues
Florida Ordered to Correct Death Certificates to List Surviving Same-Sex Spouses Without Requiring Individual Court Orders
U.S. District Judge Robert L. Hinkle, who rendered a decision prior to Obergefell v. Hodges finding that Florida’s ban on same-sex marriages was unconstitutional, had the opportunity to apply his ruling further in Birchfield v. Armstrong, Case No. 4:15-cv-00615 (N.D. Fla.), issued on March 23, 2017. The case was brought by Lambda Legal as a class action on behalf of all survivors of same-sex spouses who died in Florida prior to the Obergefell decision, … <Read More>
2nd Circuit Panel Rejects Sexual Orientation Discrimination Claim Under Title VII, but Revives Sex-Stereotyping Claim by Gay Man
A three-judge panel of the U.S. Court of Appeals for the 2nd Circuit, based in Manhattan, has issued a mixed ruling concerning a gay man’s claim that he was sexually harassed in his workplace in violation of Title VII of the Civil Rights Act of 1964. In a per curiam opinion in Christiansen v. Omnicom Group, 2017 U.S. App. LEXIS 5278, 2017 WL 1130183, the court ruled on March 27 that plaintiff Matthew Christiansen … <Read More>
Florida Supreme Court Confronts Definition of “Sexual Intercourse”
In Debaun v. State, 2017 Fla. LEXIS 583, 2017 WL 1024526 (March 16), the Florida Supreme Court resolved a conflict between the intermediate appellate courts of the state about how to define “sexual intercourse” for purposes of a statute that makes it a crime for a person who knows he is HIV-positive to fail to disclose that fact before engaging in “sexual intercourse” with another person. Surprisingly, the 2nd District Court of Appeals had … <Read More>
11th Circuit Panel Splinters Over Lesbian’s Appeal of Title VII Dismissal
A three-judge panel of the Atlanta-based U.S. Court of Appeals for the 11th Circuit issued a divided ruling on March 10 holding that a lesbian plaintiff suing for discrimination under Title VII of the Civil Rights Act of 1964 could file an amended complaint alleging that she suffered discrimination because of sex stereotyping, but upholding the district court’s dismissal of her claim that sexual orientation discrimination violates the statute. A dissenting judge, agreeing with … <Read More>
9th Circuit En Banc Panel Revives Gay Mexican’s Asylum Claim
An eleven-judge panel of the San Francisco-based U.S. Court of Appeals for the 9th Circuit revived an HIV-positive gay Mexican man’s claim for refugee status to remain in the United States on March 8, reversing rulings by a three-judge panel of the court, the Board of Immigration Appeals, and an Immigration Judge. The opinion for the court in Bringas-Rodriguez v. Sessions, 2017 U.S. App. LEXIS 4077, 2017 WL 908546, was written by Judge Kim … <Read More>
Supreme Court Will Not Decide Transgender Title IX Case This Term
The Supreme Court will not decide this term whether Title IX of the Education Amendments of 1972 and an Education Department regulation, 34 C.F.R. Section 106.33, require schools that receive federal money to allow transgender students to use restrooms consistent with their gender identity. Gloucester County School Board v. G.G., No. 16-273 (Summary Disposition, March 6, 2017). Title IX states that schools may not discriminate because of sex if they get federal money, and the … <Read More>
Federal Court Denies Preliminary Relief to Gay Victim of Revenge Listings on Grindr
A federal judge in Manhattan has denied a gay man’s request to extend a temporary restraining order that had been issued against Grindr, a web-based gay dating app, by a state trial court on the plaintiff’s behalf before the defendant removed the case to federal court. Herrick v. Grindr, LLC, 2017 WL 744605 (S.D.N.Y., Feb. 24, 2017).
Matthew Herrick claims that a “former love interest, known as JC, has impersonated him on Grindr by … <Read More>
Federal Court Awards Preliminary Restroom Access Relief to Transgender Students on Their Constitutional Claim
Switching the focus from Title IX of the Education Amendments of 1972 to the Equal Protection Clause of the federal Constitution, U.S. District Judge Mark R. Hornak of the Western District of Pennsylvania awarded a preliminary injunction on February 27 to three transgender high school students represented by Lambda Legal who are challenging a school board resolution that bars them from using sex-segregated restrooms that are consistent with their gender identities. Evancho v. Pine-Richland School … <Read More>
Arkansas Supreme Court Rules Fayetteville Anti-Discrimination Measure Violates State Law
Fayetteville has been a hotbed of LGBT rights advocacy, but on February 23 the Arkansas Supreme Court, reversing a ruling by Washington County Circuit Court Judge Doug Martin, found that the city and its voters had violated state law by adding “sexual orientation” and “gender identity” to their antidiscrimination ordinance. Protect Fayetteville & State of Arkansas v. City of Fayetteville, 2017 Ark. 49. Justice Josephine Linker Hart wrote the opinion for the unanimous court.
Responding … <Read More>