“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.”
A better way to end sex discrimination would be to simply abolish it for everyone.
Plus: Biden's Afghanistan speech, Texas abortion ban takes effect, Instagram's creepy new plan, and more...
Culture war bills signed into law in Arkansas, West Virginia, and Tennessee run afoul of Constitution, federal law.
Three justices - including conservavtive Brett Kavanaugh - strongly suggested they believe male-only draft registration is unconstitutional.
The Connecticut Supreme Court will be hearing a case on this next week.
[UPDATE: This might make American Bar Association CLE programs, for which the ABA requires such quotas, ineligible for Florida CLE credit.]
Drawn from William Eskridge and Christopher Riano's comprehensive new book on the subject.
The president has ordered the Education Department to consider rescinding reforms aimed at protecting the due process rights of accused students.
A Ninth Circuit decision that may be of particular interest to academics.
Plus: House votes on $2,000 stimulus checks, another win for Brooklyn churches challenging lockdown orders, and more...
"[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 ...."
The opinion, which suggests a strong concern about due process, will nevertheless be cited as evidence of the SCOTUS nominee's "uniformly conservative" record.
The passing of a feminist heroine, and a giant of American jurisprudence.
The ruling was issued by a conservative Trump appointee.
The issue may be headed for the Supreme Court, which hopefully will reverse its 1981 ruling in Rostker v. Goldberg.
Distorted partisan descriptions of the Department of Education changes could be doing real damage.
Good news for free association at college!
"[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]."
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.
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).
Justice Neil Gorsuch's majority decision offers a textualist argument for the ruling.
Justice Gorsuch writes for six-justice majority that discrimination based upon sexual orientation or transgender status is sex discrimination under Title VII.
The justices weigh abortion, school choice, and federal anti-discrimination law.
Does the text of Title VII prohibit discrimination on the basis of sexual orientation or transgender status?
"Other statements by Complainant ... along with undisputed other evidence, entirely disprove her bare assertions that she was incapacitated."
The school policy allows girls to wear small earrings, but doesn't allow them for boys.
but the New York City Regional Emergency Medical Services Council denied the application, by a 12-7 vote.
Justices weigh textual conflict over what counts as “sex discrimination” versus what Congress originally intended.
Does the Civil Rights Act of 1964 cover sexual orientation and gender identity?
It’s the Trump administration vs. civil rights groups on federal protections from workplace discrimination.
Plus: Trump forcing U.S. companies out of China?, Joe Arpaio is running again, sex discrimination goes to the Supreme Court, and more...
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.
New from Reason: a look into what Javier Milei has accomplished and what it will take to make the most of Argentina’s window for real change. Out now for subscribers.
