LAW NOTES

  

2018

2018

Trump Administration Urges Supreme Court to Jump the Queue and Intervene in Transgender Military Dispute

Transgender Military Developments in the Lower Courts

ADF Asks Supreme Court to Reverse 3rd Circuit’s Rejection of Challenge to School’s Trans-Positive Facilities Policy

European Court Rules Against Russia for Human Rights Violations by Refusing to Allow LGBT Public Events, But Fails to Put Any Teeth in Its Decision

DOJ Seeks Premature Review of Lower Court Losses

December

2018

Federal Government Asks the U.S. Supreme Court to Delay Deciding Whether Title VII Bars Gender Identity Discrimination

U.S. Supreme Court May Decide Another Gay Wedding Cake Case

U.K. Supreme Court Holds that a Bakery Did Not Discriminate Against a Gay Man When It Refused to Supply a Cake with a Pro-Equal Marriage Message

Proposed Trump Administration Anti-Transgender Regulation Provokes Opposition

Hawaii Supreme Court Says Marital Presumption of Legitimacy Applies to Children Born to Same Sex Spouses

November

2018

Supreme Court of India Strikes Down Colonial Era Sodomy Law by Holding that the Constitution Protects an Individual’s Sexual Orientation

Federal Court Orders Wisconsin to Cover Transition Medical Costs for Transgender State Employees

Bisexual High School Student’s Equal Protection Claim Proceeds, But Title IX Claim Does Not

Illinois Federal Court Allows Discharged Gay Organist to Pursue ADA Hostile Environment Claim against Archdiocese of Chicago

Minnesota Federal District Court finds that ACA May Require Employer’s Self-Funded Health Plan to Cover Gender Transition Costs

October

2018

Repeated Victories in the “Bathroom Wars” During Summer 2018

Supreme Court Faces Petitions for Review of Rulings on LGBT-Related Issues as October Term 2018 Nears

7th Circuit Ruling Creates Federal Precedent to Protect Older Gays in Residential Facilities

Pennsylvania District Court Rules Catholic Adoption Agency Cannot Discriminate Against Same-Sex Foster and Adoptive Parents

First Circuit Claps Back at Scott Lively

September

2018

Federal Court Rejects Trump Administration Ploy and Orders Trial on Trans Military Ban

Mississippi Supreme Court Avoids Dealing with Parental Presumption by Embracing Equitable Estoppel in Custody/Visitation Dispute between Lesbian Former Spouses

Arizona Appeals Court Endorses Parent’s Right to Raise Transgender Child in Accordance With Child’s Gender Identity

Third Circuit Denies Torture Claim by Gay Man from Trinidad and Tobago

11th Circuit Denies Imputed Homosexuality Asylum Claim of Cameroon Man

May

2018

2nd Circuit, En Banc, Votes 10-3 That Sexual Orientation Discrimination Violates Federal Employment Discrimination Law

Virginia Appeals Court Seemingly Takes Pleasure in Rejecting the Parental Rights of a NonBiological Same-Sex Parent

U.S. Magistrate Orders Hormones, Hair Pattern Treatment, and Feminizing Canteen Items for Missouri Transgender Inmate, Rejecting MoDOC’s “Freeze Frame” Policy

Second N.Y. Appellate Division Court Reaffirms Parental Rights of Married Lesbians

Seventh Circuit Upholds Denial of Relief to Bisexual Jamaican Man

March

2018

Masterpiece Cakeshop Ruling Reversed; Supreme Court Finds Impermissible “Hostility to Religion” in Colorado Commission Proceeding

Third Circuit Rejects Challenge to Pennsylvania School District’s Policy Allowing Transgender Students to Use Facilities Consistent with Their Gender Identities

Supreme Court Receives Two New Certiorari Petitions on Title VII Sexual Orientation Discrimination Claims

9th Circuit Requires Board of Immigration Appeals to Reconsider Transgender Mexican’s Refugee Case

Federal Magistrate Rejects Retroactive Marital Privilege Claim for Connecticut Couple in Antitrust Case

June

2018

Bowing to Reality, Trump Administration Responds to Six Court Losses by Dropping Appeals in Transgender Military Cases

Supreme Court Denies Review in Title VII Sexual Orientation Discrimination Case

Marriage Equality Developments Outside the United States in December Affected Four Countries

Rear-view on Australia’s Path to Marriage Equality

Supreme Court Denies Certiorari Petition in Texas Employee Benefits Case

January

2018

Two More LGBTQ-Related Controversies Drop off the Supreme Court Docket

Foreign and International Courts Issue a Burst of LGBT Rights Rulings

7th Circuit Allows Bisexual Jamaican’s Torture Claim to Proceed but Denies Stay of Removal

4th Circuit Remands Gay Asylum Case to BIA For Failure to Explain Decision

New York Appellate Division Rules in HIV Defamation Case

February

2018

Federal Appeals Court Rules for Transgender Funeral Director in Title VII Discrimination Suit; Landmark Appellate Ruling that Gender Identity Discrimination is Sex Discrimination

Trump Administration Issues New Transgender Military Policy, Attempting To Sidetrack Lawsuits

7th Circuit Rules Transgender Asylee Cannot Sue Various Officials over Indiana’s Statutory Requirement of U.S. Citizenship to Get a Legal Change of Name

Federal Judge Finds “Substantial Question” as to Constitutionality of Exclusion of “Gender Identity Disorders” from ADA

U.S. District Court Orders Idaho to Amend Birth Certificates for Transgender Applicants

April

2018

Kennedy Retirement from Supreme Court May Doom LGBT Rights Agenda

First Application of Masterpiece Cakeshop by Lower Court Goes Against Discriminatory Wedding Vendor

Sessions Asylum Decision Will Create Difficulties for Some LGBT Asylum Applicants

Supreme Court Rejects Gay Death Row Inmate's Appeal

Supreme Court Orders "Further Consideration" by Washington State Courts in Wedding Flowers Case

Summer