Supreme Court Lets Stand 7th Circuit Decision on Lesbian Spouses and Birth Certificates

The U.S. Supreme Court has refused to review a ruling by the 7th Circuit Court of Appeals in Henderson v. Box, 947 F.3d 482 (2020), that the state of Indiana must extend to married lesbian couples the same parentage presumption it applies to married different sex couples: that a birth mother’s spouse is presumed to be a parent of her child, that  the child be deemed born “in wedlock,” and that both mothers … <Read More>


Federal Court Overrules Board of Immigration Appeals’ Denial of Spousal Petition by Gay Man

U.S. District Judge Mary Rowland, an out lesbian whose nomination to the federal bench by President Donald J. Trump was recently confirmed by the Senate, has ruled that the Board of Immigration Appeals (BIA) erred in denying a petition by Thomas Valdivia, Jr., a U.S. citizen, to award spousal residency rights to his husband, Radu Cheslerean, a Romanian citizen.  Valdivia v. Barr, 2019 U.S. Dist. LEXIS 191616 (N.D. Ill., Nov. 5, 2019).  The Board, affirming … <Read More>


Supreme Court May Decide Another Gay Wedding Cake Case

Melissa and Aaron Klein, proprietors of the now-defunct “Sweetcakes by Melissa” custom-cake business in Gresham, Oregon, filed a petition for certiorari on October 19, asking the U.S. Supreme Court to strike down the $135,000 penalty imposed by Oregon authorities for their refusal to make a wedding cake for Rachel Cryer and Laurel Bowman in January 2013. Klein v. Oregon Bureau of Labor and Industries, No. ____ , seeking review of Klein v. Oregon Bureau <Read More>


Sex Stereotype Theory Cannot Overcome Adverse 6th Circuit Precedent in Sexual Orientation Claim

Characterizing a lesbian plaintiff’s sex discrimination claim under Title VII and the Kentucky Civil Rights Act as a sexual orientation discrimination claim, Chief U.S. District Judge Joseph H. McKinley, Jr., granted an employer’s motion for partial dismissal, finding that 6th Circuit precedent from a decade ago expressly rejected using a sex stereotype theory to find sexual orientation discrimination actionable under Title VII or the Kentucky statute. Lindsey v. Management & Training Corporation, 2018 … <Read More>


Supreme Court Issues Historic Marriage Equality Ruling

The Supreme Court ruled today that “same-sex couples may exercise the right to marry” and that “there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character.”  Writing for the Court, Justice Anthony M. Kennedy, Jr., grounded these marital rights in the 14th Amendment’s guarantee that no State may deprive any person of “liberty” without due process of law … <Read More>


Federal Housing Discrimination Law May Cover Some Sexual Orientation Discrimination Claims

A federal judge in Alabama has ruled that some sexual orientation discrimination claims may be made under the federal Fair Housing Act (FHA), a statute that forbids sex discrimination by owners and operators of residential housing facilities.  District Judge William M. Acker, Jr., ruling June 16 in Thomas v. Osegueda, 2015 U.S. Dist. LEXIS 77627, 2015 WL 3751994 (N.D. Alabama), rejected the argument that the court would not have jurisdiction of any sexual orientation discrimination … <Read More>


New Jersey Trial Judge Finds Conversion Therapy Outfit Violated Consumer Fraud Law

A New Jersey trial judge issued two rulings in February in a pending consumer fraud case against JONAH (Jews Offering New Alternatives for Healing), an organization that provides so-called “conversion therapy” seeking to “assist individuals to purge unwanted same-sex attractions,” finding that certain representations made by JONAH to potential clients violate the state’s law against consumer fraud.  The judge, Peter  F. Bariso, Jr., of the Superior Court in Hudson County, also ruled that most of … <Read More>


Supreme Court Grants Four Petitions to Review 6th Circuit’s Marriage Ruling

The U.S. Supreme Court announced on January 16, 2015, that it was granting four petitions to review the 6th Circuit Court of Appeals ruling in DeBoer v. Snyder, 772 F.3d 388 (Nov. 6, 2014), which had rejected the claim that same-sex couples have a constitutional right to marry and to have such marriages recognized by other states.  The 6th Circuit’s ruling, issued on November 6 on appeals by four states from district court pro-marriage equality … <Read More>


Magistrate Denies HIV-Positive Gay Discrimination Plaintiff’s Request to Sue Anonymously

U.S. Magistrate Judge Joseph C. Wilkinson, Jr., has denied a request by a gay HIV-positive man to have his identity shielded from public exposure in the discrimination lawsuit he has filed against his former employer in the federal district court in New Orleans, Louisiana.

According to Wilkinson’s September 5 ruling on a motion filed by the plaintiff simultaneously with his discrimination complaint, the plaintiff is claiming violations of Title VII of the Civil Rights Act … <Read More>