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Supreme Court Title VII cases will be argued tomorrow October 8

Discrimination Transgender Rights

The U.S. Supreme Court. Attribution: Jeff Kubina
The U.S. Supreme Court. Attribution: Jeff Kubina
Tomorrow, the Supreme Court will hear two hours of argument on whether Title VII of the Civil Rights Act of 1964 protects LGBT people from employment discrimination. Two consolidated cases involving sexual orientation will be heard over one hour, and one case involving gender identity discrimination will be heard separately.

Equality Case Files has extensive case pages for each case including the merits and amicus briefs and everything that happened in the lower courts.

Their case page for R.G. & G.R. Harris Funeral Homes, Inc., Petitioner v. Equal Employment Opportunity Commission, the transgender discrimination case, is here. Their case page for the two consolidated sexual orientation discrimination cases, Bostock v. Clayton County, GA, and Altitude Express v. Zarda are here and here.

According to the Supreme Court’s calendar for this sitting, the consolidated sexual orientation cases will be argued first. Stanford Law Professor Pam Karlan will be arguing for the gay employees. The ACLU’s John Knight will argue the gender identity case. Each argument will last an hour long.

There won’t be any same-day audio but the transcripts will be released on the same day, and we’ll post those as soon as they’re released.

Thanks to Equality Case Files for these filings


  • 1. VIRick  |  October 7, 2019 at 1:03 pm

    Guerrero: A "New" Marriage Equality Proposal to Be Introduced to Full Congress

    Per Rex Wockner:

    In Guerrero, after the recent rejection of the marriage equality proposal by the PRI-led Justice Committee in a vote of 3-1 against, Moisés Reyes Sandoval (Morena), the chief sponsor of the original bill, will be presenting another marriage equality bill directly to the floor of the full state Congress, skipping the committees. This "new" initiative is actually the same bill with the same language, but with different headings. Activists are predicting passage later this week.

    En la actualidad, la legislación señala: Podrán contraer matrimonio el hombre y la mujer que hayan cumplido los 18 años de edad. La modificación al Artículo 412 plantea: Podrán contraer matrimonio las personas que haya cumplido 18 años de edad.

    Currently, the text states: A man and woman who have attained 18 years of age may contract marriage. The modification to Article 412 would state: Persons who have attained 18 years of age may contract marriage.

  • 2. VIRick  |  October 7, 2019 at 1:51 pm

    CDMX: 2019 Marriage Equality Up-Date

    Per Consejería CDMX:

    Enero-agosto 2019 – De casi 18 mil matrimonios celebrados en la Ciudad de México, 986 fueron igualitarios, 519 entre hombres y 467 entre mujeres.

    January-August 2019 – Of almost 18 thousand marriages celebrated in Mexico City, 986 were egalitarian, 519 between men and 467 between women.

    Thus, in the first 8 months of 2019, about 5.5% of all marriages registered in CDMX were between same-sex couples, a percentage that indicates that same-sex couples from all over Mexico continue to flock to Mexico City to marry, a pattern that developed right from the very beginning.

  • 3. VIRick  |  October 7, 2019 at 4:53 pm

    Chile: 4th Anniversary of Civil Unions (Acuerdos de Uniones Civiles)

    En total, son 28.033 las uniones civiles que han ocurrido desde el 22 de octubre de 2015, cuando Virginia Gómez y Roxana Ortíz se convirtieron en la primera pareja de mujeres lesbianas en el país en celebrar una unión civil y en ser reconocidas por el Estado de Chile como una familia ante la ley.

    Del total de uniones civiles, 21.951 (78.3%) corresponden a parejas heterosexuales y 6.082 (21.7%) a homosexuales. De éstas últimas, 3102 (51%) fueron celebradas por hombres gay y 2980 (49%) por personas lesbianas.

    La mayoría de las uniones civiles se han realizado en las regiones Metropolitana (41,9%), de Valparaíso (14.9%), y de Antofagasta (6.8%), las que concentran más del 63.6% de todas las ceremonias, mientras que las regiones donde menos uniones civiles se han llevado a cabo son las de Magallanes (1,2%), de Ñuble (0,6%) y la de Aysén (0,4%).

    In total, there have been 28,033 civil unions to occur since 22 October 2015, when Virginia Gómez and Roxana Ortíz became the first lesbian couple in the country to celebrate a civil union and to be recognized by the State of Chile as a family before the law.

    Of the total civil unions, 21,951 (78.3%) correspond to heterosexual couples and 6,082 (21.7%) to same-sex couples. Of these latter, 3102 (51%) were celebrated between two men and 2980 (49%) between two women.

    The majority of civil unions have been held in the Metropolitan Santiago (41.9%), Valparaíso (14.9%), and Antofagasta (6.8%) regions, which together account for more than 63.6% of all ceremonies, while the regions where the fewest civil unions have taken place are those of Magallanes (1.2%), Ñuble (0.6%), and Aysén (0.4%).

    Note: In Chile, for the past 4 years, hetero couples have had a choice between marriage and civil unions, while same-sex couples are only allowed civil unions (acuerdos de uniones civiles).

  • 4. VIRick  |  October 7, 2019 at 6:49 pm

    Homophobic Justice Clarence Thomas Is Ill

    Conservative Supreme Court Justice Clarence Thomas is ill and was missing from court proceedings today, Monday, 7 October 2019, as the body opened its fall term, raising questions as to whether he will be present for oral arguments in the LGBTQ rights cases on Tuesday, 8 October.

    Thomas is “indisposed” but will still be involved in deciding the cases the court is hearing, Chief Justice John Roberts said from the bench as the court began its session today, Reuters reports. He did not offer any details about Thomas’s illness.

  • 5. bayareajohn  |  October 8, 2019 at 3:54 pm

    Fear of hearing about trans seems to make him sick.

  • 6. VIRick  |  October 8, 2019 at 5:42 pm

    John, he showed up in court today, but silently sat there, never asking a single question nor uttering a single sound.

  • 7. scream4ever  |  October 8, 2019 at 7:19 pm

    As per the usual.

  • 8. VIRick  |  October 7, 2019 at 7:12 pm

    Supreme Court Declines to Take Two LGBT Rights Cases

    Per Equality Case Files:

    In both instances, this is good news. The two cases are:
    • "Frank G. v. Renee P.-F.," the case wherein which the biological father of twins was challenging a New York state court ruling, a key New York LGBT Family Law precedent, that granted custody to his former same-sex partner. Background on the case is here:

    • "Calgaro v. St. Louis County, Minnesota," the case wherein which the mother was suing her transgender daughter and those who assisted her daughter in obtaining gender-affirming treatments. More on this case is here:

  • 9. VIRick  |  October 7, 2019 at 7:35 pm

    West Virginia: Gay Teen Bullied, Raped; Mother Sues School Board

    The mother of a gay teen in Morgantown WV is suing the Monongalia County Board of Education and several other individuals associated with a youth program for allegedly ignoring homophobic abuse dating back to 2017 that eventually led to her son being raped sometime in 2018.

    The unnamed parent is suing the board, a teacher, and the executive director of the youth program over allegations that they failed to “take reasonable preventative or remedial measures” that would have stopped the abuse before it led to her son’s sexual assault. She is suing (in state court) for punitive and compensatory damages. The news article reporting this case filing is dated 4 October 2019:

    Note: This is the second school abuse case to be filed in West Virginia in just over a month, the other being a matter of taunting abuse by a school administrator over a transgender teen's bathroom use at Liberty High School in near-by Harrison County, Clarksburg WV, the second county south of Monongalia County. This case was filed on 28 August 2019.

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