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.
Sex Discrimination
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.
Can "Retention Raises" for Faculty Constitute Employment Discrimination?
A Ninth Circuit decision that may be of particular interest to academics.
Strip Club Ban on Unaccompanied Women Spawns LGBT Rights Controversy
Plus: House votes on $2,000 stimulus checks, another win for Brooklyn churches challenging lockdown orders, and more...
Interesting New Title IX Sexual Assault Hearing / Sex Discrimination Opinion
"[P]laintiff has ... made a sufficient showing that defendant has threatened his academic future in violation of his rights to equal treatment regardless of his sex ...."
Amy Coney Barrett Condemns Purdue University's 'Fundamentally Unfair' Adjudication of Sexual Assault Claims
The opinion, which suggests a strong concern about due process, will nevertheless be cited as evidence of the SCOTUS nominee's "uniformly conservative" record.
Ruth Bader Ginsburg, RIP
The passing of a feminist heroine, and a giant of American jurisprudence.
Federal Court Strikes Down State Department Rule Denying Citizenship to Foreign-Born Children of Same-Sex Couples
The ruling was issued by a conservative Trump appointee.
Fifth Circuit Upholds Constitutionality of Male-Only Draft Registration - But only Based on Precedent
The issue may be headed for the Supreme Court, which hopefully will reverse its 1981 ruling in Rostker v. Goldberg.
After Dems Exaggerate Impact, Panicked Kids Are Suing Over Betsy DeVos Title IX Changes
Distorted partisan descriptions of the Department of Education changes could be doing real damage.
Supreme Court's LGBT Discrimination Ruling Forces Harvard To End Ban on Single-Gender Clubs
Good news for free association at college!
Expelled Student's Sex Discrimination Claim Against Oberlin College Can Go Forward
"[The Oberlin] panel's decision was arguably inexplicable. Per the terms of Oberlin's Policy, intoxication does not negate consent—only 'incapacitation' does.... And the record here provided no apparent basis for a finding that Roe [was incapacitated]."
Bostock v. Clayton County and the Debate over the Meaning of "Ordinary Meaning"
Both sides in the landmark employment discrimination decision agree that laws should generally be interpreted based on the "ordinary meaning" of their words. But they differ on what that entails.
Textualism and Purposivism in Today's Supreme Court Decision on Discrimination Against Gays, Lesbians, and Transsexuals
The decision in Bostock v. Clayton County is well-justified from the standpoint of textualism (a theory associated with conservatives), but less clearly so from the standpoint of purposivism (often associated with liberals).
Supreme Court Rules, 6–3, That LGBT Workplace Discrimination Violates Civil Rights Act
Justice Neil Gorsuch's majority decision offers a textualist argument for the ruling.
BREAKING: Supreme Court Holds Title VII Prohibits Discrimination Based Upon Sexual Orientation or Transgender Status (Updated)
Justice Gorsuch writes for six-justice majority that discrimination based upon sexual orientation or transgender status is sex discrimination under Title VII.
3 Supreme Court Cases to Watch This Month
The justices weigh abortion, school choice, and federal anti-discrimination law.
Textualism, Title VII, and "Discrimination . . . Because of Such Individual's Sex"
Does the text of Title VII prohibit discrimination on the basis of sexual orientation or transgender status?
Arizona Court Reverses Expulsion of ASU Student for Threesome with Allegedly Too-Drunk Classmate
"Other statements by Complainant ... along with undisputed other evidence, entirely disprove her bare assertions that she was incapacitated."
Kindergarten Bars Boys from Wearing Ear Studs, Parents Sue for Sex Discrimination
The school policy allows girls to wear small earrings, but doesn't allow them for boys.
Hearing Examiner Recommends Approval of Women-Staffed Volunteer Ambulance Service for Orthodox Jewish Women,
but the New York City Regional Emergency Medical Services Council denied the application, by a 12-7 vote.
Gorsuch May Be Swing Vote in Decision Whether Civil Rights Act Protects LGBT Workers From Discrimination
Justices weigh textual conflict over what counts as “sex discrimination” versus what Congress originally intended.
Supreme Court Will Finally Hear Arguments Over Federal LGBT Discrimination Protections
Does the Civil Rights Act of 1964 cover sexual orientation and gender identity?
Everybody Suddenly Realizes the Supreme Court Is About To Hear an Important LGBT Issue
It’s the Trump administration vs. civil rights groups on federal protections from workplace discrimination.
Trump-Critical Journalists Targeted by Outrage Mobs Armed With Old Tweets
Plus: Trump forcing U.S. companies out of China?, Joe Arpaio is running again, sex discrimination goes to the Supreme Court, and more...
Lawsuit Challenges State Department Policy Discriminating Against Foreign-Born Children of Same-Sex Married Couples
The policy denies citizenship to some children of married US-citizen same-sex couples if the child is born abroad, in situations where the child of opposite-sex couples are automatically considered citizens. It is a clear case of unconstitutional sex discrimination.
