Sex Discrimination
Reflections on the 10th Anniversary of Obergefell v. Hodges - A Great Civil Rights Milestone that Could be Even Better
The Supreme Court's ruling striking down laws banning same-sex marriage was a great victory for liberty and equality. But it should have been based on better legal reasoning.
Supreme Court Reaffirms Rule that Discrimination Based on Sexual Orientation is Sex Discrimination
Yesterday's ruling in Ames v. Ohio Department of Youth Services unanimously applies this once-contested principle.
Female Nude Spa in Washington Can't Bar Transgender Clients With Male Genitalia, Federal Court Rules
Olympus Spa had sued on First Amendment grounds.
Ninth Circuit Declines to Block Idaho's "Biological Sex" Restrictions for Multi-Occupancy School Restrooms, Locker Rooms, and Shower Rooms
The court leaves open, though, the possibility that a narrower challenge aimed just at restrooms with closed stalls, where students wouldn't generally be partly or fully undressed where others can see them.
Biden's Dubious Declaration that the Equal Rights Amendment has Been Duly Ratified
I support the ERA. But Biden's claim that it has been properly ratified goes against court decisions, and is almost certainly wrong.
Justice Department Sues To Force South Bend To Hold Police to Lower Standards
The Department of Justice alleges that the South Bend Police Department is violating the Civil Rights Act due to disparate acceptance rates for female and black applicants.
Russian Opera Singer Anna Netrebko's Sex Discrimination Lawsuit Over Firing by N.Y. Metropolitan Opera Can Go Forward
But her national origin discrimination claim (apart from the sex discrimination component) is rejected, as is her defamation claim.
Divided Sixth Circuit Panel Affirms Preliminary Injunction Against Department of Education Title IX Guidance
The court concludes states are likely to succeed in their procedural challenges to the Education Department's decision to extend Bostock to Title IX.
Prof. Doriane Coleman (Duke), Guest-Blogging About "On Sex and Gender: A Commonsense Approach"
"'An ideological preference for characterizing sex as a social construct, a stereotype, and a myth,' she asserts, denies the science of sex differences as well as common sense."
#TheyLied Libel Lawsuit Over Ex-Student's Allegations of Rape Can Go Forward,
and so can the professor's Title VII and Title IX discrimination claims against the university.
Federal Court Upholds Biological-Sex-Based Access Rule for School Restrooms
Federal courts continue to be split on this question.
No Preliminary Injunction Against Idaho Law Mandating Public School Students Use Bathrooms "That Correspond[] with Their Biological Sex"
The court had earlier issued a temporary restraining order against the law, to maintain the status quo; but now that it has gotten more full briefing, it declined to block the law (but also declined to dismiss the challenge to the law).
Title IX, Gender Identity, and the Consequences of Equity
Do the principles of Title IX in sports apply elsewhere?
Title IX: The New Shimmer of Statutes
It prohibits discrimination and mandates segregation.
Court Upholds Law Excluding Male-to-Female Transgender Athletes from Girls' Sports
"The state is permitted to legislate sports rules on this basis because sex, and the physical characteristics that flow from it, are substantially related to athletic performance and fairness in sports."
En Banc Eleventh Circuit Rejects Legal Challenge to School District's Bathroom Policy
The Appeals Panel Rejects a Trangender Student's Bid to Use Bathroom Corresponding to the Student's Gender Identity Instead of Biological Sex.
Senators Reach Bipartisan Deal to Pass Respect for Marriage Act Protecting Right to Same-Sex Marriage
The deal includes several amendments to the original draft legislation that are unlikely to have much substantive effect.
Ron DeSantis Oversteps His Authority by Suspending Tampa's Elected Prosecutor
Tampa top prosecutor Andrew Warren pledged to not prosecute women seeking abortions and those pursuing gender-affirming health care.
Florida Sued by Activists, Students, Parents, and Teachers Over LGBT School Censorship Bill
The vague wording of the bill has led to a culture war fight about what the text means, and that’s never good for the First Amendment.
Department of Education Prepares Rules Prohibiting School Discrimination Against Gay and Trans Students
It’s about a lot more than transgender girls’ participation in sports under Title IX, but expect that controversy to dominate the discussion.
"Women's Only Workout Spaces" in Connecticut Public Accommodations Are Illegal
The state law banning sex discrimination in public accommodations has no specific exemption for such spaces, and the Connecticut Supreme Court declines to read one into the law.
Sex Discrimination Lawsuit Over Alleged Wrongful Title IX Suspension Against UCLA Can Go Forward
“Particularly given the ultimate findings of Roe’s numerous fabrications, Mr. Zeck’s statement plausibly supports an inference that the Regents prejudged Roe’s allegations (and Doe’s defenses thereto) during its investigation on the basis of their respective genders.”
House Votes to Apply Mandatory Draft Registration to Women
A better way to end sex discrimination would be to simply abolish it for everyone.
20 States Sue Over Title IX Guidance on Gender Identity
Plus: Biden's Afghanistan speech, Texas abortion ban takes effect, Instagram's creepy new plan, and more...
Federal Judges Are Blocking State Anti-Trans Bills
Culture war bills signed into law in Arkansas, West Virginia, and Tennessee run afoul of Constitution, federal law.
Supreme Court Refuses to Consider Case Challenging Male-Only Draft Registration - but Suggests it Might Revisit the Issue in the Future
Three justices - including conservavtive Brett Kavanaugh - strongly suggested they believe male-only draft registration is unconstitutional.
Women-Only Workout Areas in Exercise Facilities
The Connecticut Supreme Court will be hearing a case on this next week.
Florida Supreme Court Rejects Race/Sex/Etc. Quotas in Continuing Legal Education Programs
[UPDATE: This might make American Bar Association CLE programs, for which the ABA requires such quotas, ineligible for Florida CLE credit.]
Lessons of the Legal and Political Struggle for Same-Sex Marriage
Drawn from William Eskridge and Christopher Riano's comprehensive new book on the subject.
Biden Threatens to Revive Kangaroo Courts in College Sexual Assault Cases
The president has ordered the Education Department to consider rescinding reforms aimed at protecting the due process rights of accused students.
