The Supreme Court announced on May 28 that it will not review a decision by the Philadelphia-based 3rd Circuit Court of Appeals, which had rejected a constitutional and statutory challenge by cisgender students at Boyertown (Pennsylvania) Senior High School, who were upset that the School District decided to let transgender students use facilities consistent with their gender identity. Doe v. Boyertown Area School District & Pennsylvania Youth Congress Foundation, 897 F.3d 518 (3rd… <Read More>
Federal Court Rejects Christian Agency’s Claimed Constitutional Right to Discriminate Against Same-Sex Couples Seeking to Adopt Children
U.S. District Judge Mae A. D’Agostino has rejected a Christian social welfare agency’s bid to be exempted from complying with non-discrimination regulations promulgated by the New York Office of Children and Family Services (OCFS). Ruling on May 16 in New Hope Family Services, Inc. v. Poole, 2019 WL 2138355, 2019 U.S. Dist. LEXIS 2138355 (N.D.N.Y.), the court rejected a variety of constitutional arguments advances by the plaintiff in support of its claim of a … <Read More>
District of Columbia Court of Appeals Rules on Same-Sex Common Law Marriage Claim
“Brian Gill and Rodney Van Nostrand were in a romantic relationship and cohabited for several years beginning in 2004,” begins Judge Phyllis Thompson’s opinion for the District of Columbia Court of Appeals in Gill v. Van Nostrand, 2019 WL 1827998, 2019 D.C. App. LEXIS 159 (April 25, 2019). “After their romantic relationship waned, and a few months after Mr. Van Nostrand had a ceremonial wedding in Brazil to another man he had met while … <Read More>
Federal Appeals Court Refuses to Block Enforcement of City Anti-Discrimination Policy Against Catholic Social Services Agency
The U.S. 3rd Circuit Court of Appeals refused a request by Catholic Social Services (CSS) to block enforcement of the City of Philadelphia’s requirement that the agency not discriminate against same-sex couples who seek certification to be foster parents. Fulton v. City of Philadelphia, 2019 U.S. App. LEXIS 11711, 2019 WL 1758355 (3rd Cir. 2019). The April 22 ruling by a unanimous three-judge panel, which affirmed the denial of a preliminary injunction by District … <Read More>
Supreme Court to Decide Whether Discrimination Because of Sexual Orientation or Gender Identity Violates Title VII’s Ban on Discrimination Because of Sex
The U.S. Supreme Court announced on April 22 that it will consider appeals next term in three cases presenting the question whether Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination because of an individual’s sex, covers claims of discrimination because of sexual orientation or gender identity. Because federal courts tend to follow Title VII precedents when interpreting other federal sex discrimination statutes, such as the Fair Housing Act and Title … <Read More>
Supreme Court Rejects Appeals from Gay Death Row Inmate and Conversion Therapy Practitioners
The U.S. Supreme Court announced on April 15 that it will not hear an appeal by gay death row inmate Charles Rhines, who contends that the jury that chose death over life in prison without parole in his murder trial in 1993 was tainted by homophobic statements by some of the jurors during deliberations. Rhines v. Young, No. 18-8029 (filed Feb. 15, 2019). At the same time, the Court announced that it will not take … <Read More>
Impatient Christians File Suit Against EEOC’s Interpretation of Title VII and Seek Exemption from Recognizing Same-Sex Marriages
The U.S. Pastor Council (on behalf of itself and others similarly situated), and Braidwood Management, Inc., a business claiming to have religious objections concerning the employment of LGBTQ people (on behalf of itself and others similarly situated), have jointly filed suit in the U.S. District Court for the Northern District of Texas (Fort Worth Division), seeking a declaratory judgment that the Equal Employment Opportunity Commission’s interpretation of Title VII to protect LGBTQ people from employment … <Read More>
5th Circuit Panel Rules Denial of Gender Confirmation Surgery for Transgender Inmate Does Not Violate 8th Amendment
A three-judge panel of the U.S. Court of Appeals for the 5th Circuit ruled by a vote of 2-1 on March 29 that the state of Texas did not violate the 8th Amendment right against cruel or unusual punishment by denying gender confirmation surgery to transgender inmate Vanessa Lynn Gibson. Gibson v. Collier, 2019 WL 1417271, 2019 U.S. App. LEXIS 9397. The dissent argued that the substantive legal question was not properly … <Read More>
Herrick Loses 2nd Circuit Appeal in Grindr Cyberharassment Case
A unanimous three-judge panel of the New York-based U.S. Court of Appeals for the 2nd Circuit issued a ruling on March 27 stating total agreement with District Judge Valerie Caproni’s earlier ruling in January 2018 that Grindr enjoys totally immunity from any liability for the harms suffered by Matthew Herrick, a gay Manhattanite whose ex-boyfriend created fake Grindr profiles in Herrick’s name that led more than a thousand people to contact Herrick at home and … <Read More>
Supreme Court Takes a Pass on Hawaii B&B Discrimination Case
The U.S. Supreme Court announced on March 18 that it will not review a decision by Hawaii’s Intermediate Court of Appeals, which ruled in February 2018 that a small bed & breakfast operating in a private home in the Mariner’s Ridge section of Hawai’i Kai, violated Hawaii’s civil rights law by denying accommodations to an unmarried lesbian couple who were planning a trip to Hawaii to visit a friend. Hawaii’s civil rights law forbids businesses … <Read More>