LAW NOTES

  

2019

2019

New York Federal Judge Vacates Trump Administration “Conscience” Regulation

11th Circuit Finds Transgender Woman from Honduras Ineligible for Relief from CAT Relief Based on Improved Country Conditions

6th Circuit Refuses to Grant Asylum Application to Gay Albanian Refuge

Illinois Federal District Judge Remands Board of Immigration Appeals’ Decision Involving the Denial of a Married Same-Sex Couple’s I-130 Petition

New York Federal Court Rules on Contested Admissibility of HIV-Expert’s Testimony in Public Accommodations Discrimination Case

December

2019

Texas Federal Court Vacates Transgender Protection under Obamacare

Supreme Court Title VII Hearing Leaves Signs of Hope for LGBTQ Advocates

Supreme Court Denies Review in Two LGBT-Related Cases on First Day of New Term

Supreme Court to Hear Prisoner Case Involving Assessment of a “Strike” Where Suit Dismissed “Without Prejudice”

U.S. Circuit Judge Dissents in 8th Circuit Denial of Liberian Man’s Gay Asylum Claim

November

2019

Federal Court Dismisses Challenge to Maryland Law Against Conversion Therapy for Minors

D.C. Federal Court Narrows Discovery in Trans Military Case, But Rejects Government’s Broad Privilege Claims

Baltimore Federal Court Reaffirms Magistrate’s Findings in Trans Military Case, but Revises Approach to Deliberative Privilege Evaluation of Plaintiffs’ Discovery Requests

Fifth Circuit Evades Answering Whether Sexual Orientation Is Protected Under Title IX In Light Of Straight Student’s Suicide After University’s Disciplinary Actions

Federal Court Enjoins Michigan Policy Requiring Faith-Based Adoption Agencies to Certify Same-Sex Couples as Suitable Adoptive or Foster Parents

October

2019

Ninth Circuit Affirms Injunction Ordering Gender Confirmation Surgery for Idaho Transgender Inmate

Second Round of Briefing in LGBT Title VII Cases Before the Supreme Court Completed During August

Split 7th Circuit Decision Allows Qualified Immunity for Denial of Inmate’s Gender Confirmation Surgery

8th Circuit Revives Videographer’s 1st Amendment Claim Against Having to Make Same-Sex Wedding Videos

2nd Circuit Holds That It Was Not “Clearly Established” That Sexual Orientation Discrimination in Public Employment is Actionable under the Equal Protection Clause Prior to Obergefell and Windsor

September

2019

Catholic Agency Seeks Supreme Court Review of Exclusion from Philadelphia Foster Care Program

Transgender Teen’s Mother Asks Supreme Court to Recognize a Parent’s Due Process Rights to Control Her Child’s Life

Supreme Court Receives a Flood of Amicus Briefs Supporting Broad Interpretation of Sex Discrimination under Title VII in Cases to be Argued on October 8

First Circuit Refuses to Order Reopening of Asylum Proceedings for Lesbian from Uganda

Federal Court Issues Odd Ruling Denying Gay Citizen’s Spousal Petition

August

2019

U.S. Supreme Court Grants Certiorari in Oregon Wedding Cake Case, but Remands for “Further Consideration”; Sets Early Argument Date for Title VII Cases

High Court of Botswana Strikes Down Anti-Sodomy Laws

Kansas Appeals Court Affirms Ruling Against Claimed Lesbian Co-Parent

9th Circuit Instructs District Court on Next Stage in Trans Military Litigation

Washington State Supreme Court Unanimously Reaffirms Liability of Florist Who Refused Flowers for a Same-Sex Wedding

July

2019

United States Supreme Court Refuses to Review Transgender Bathroom Case from Boyertown, PA

U.S. House of Representatives Approves Equality Act in Largely Party-Line Vote

Federal Court Rejects Challenge to Discriminatory Communications Ban in State Civil Rights Law

Texas Appellate Court Declines to Read Lawrence v. Texas as Conferring Fundamental Right to Sexual Intimacy

2nd Circuit Rejects Municipal Liability for City of Syracuse Based on Police Officers Removing Anti-Gay Activist from Proximity to Gay Pride Event

June

2019

Supreme Court to Decide Whether Discrimination Because of Sexual Orientation or Gender Identity Violates Title VII’s Ban on Discrimination Because of Sex

Supreme Court Rejects Appeals from Gay Death Row Inmate and Conversion Therapy Practitioners

Fifth Circuit Panel Forcefully Reasserts That Title VII Does Not Cover Sexual Orientation Discrimination

Federal Appeals Court Refuses to Block Enforcement of City Anti-Discrimination Policy Against Catholic Social Services Agency

District of Columbia Court of Appeals Rules on Same-Sex Common Law Marriage Claim

May

2019

Supreme Court Takes a Pass on Hawaii B&B Discrimination Case

Courts Dissolve Last Injunctive Barriers to Defense Department’s Implementation of Former Secretary James Mattis’s Plan Limiting Transgender Service

5th Circuit Panel Rules Denial of Gender Confirmation Surgery for Transgender Inmate Does Not Violate 8th Amendment

Iowa Supreme Court: Medicaid Must Cover Gender Re-Assignment Surgery

Matthew Herrick Loses 2nd Circuit Appeal in Grindr Cyberharassment Case

April

2019

Federal Court Blocks Discharges of Healthy Airmen Living with HIV

Conversion Therapy Practitioners Lose First Round in Attack on Boca Raton & Palm Beach County Ordinances

5th Circuit Panel Affirms Summary Judgement Under Title VII Against Transgender Plaintiff, Avoiding Underlying Question Whether Gender Identity Discrimination Violates the Statute

Liberty Counsel Seeks to Revive Assault on New Jersey Conversion Therapy Ban with Certiorari Petition

U.S. District Court Finds Child Born in Canada Through Gestational Surrogacy to Same-Sex Couple Entitled to U.S. Citizenship at Birth

March

2019

Supreme Court Stays Two Preliminary Injunctions Against Transgender Military Ban, Leaving Only One Injunction in Place

D.C. Circuit Panel Holds District Court Should Have Dissolved Preliminary Injunction Against Implementation of Mattis’s Proposed Transgender Military Policy

7th Circuit Remands to BIA a Bisexual Jamaican’s Claim for Relief Under Convention Against Torture

California Court of Appeals Upholds Robbery Conviction Where Victim’s HIV Status Was Excluded from Evidence

Washington Federal Court Dismisses Challenge of Gender Reassignment Surgery Policy by Transgender Inmate

February

2019

Trump Administration Urges Supreme Court to Let Transgender Military Ban Go into Effect

Another LGBT Litigant Seeks Supreme Court Review of a Sexual Orientation Discrimination Claim

Obamacare Ruling Endangers Health Insurance Coverage for LGBTQ People

Federal Judge in Idaho Grants Preliminary Injunction for Confirmation Surgery for Transgender Inmate

NY Court of Claims Orders New York State to Pay Brooklyn Woman $125,000 for Using Her Photo in HIV Discrimination Ad Campaign

January