The Equality Act, introduced by Senator Jeff Merkley of Oregon and Representative David Cicilline of Rhode Island on July 23, 2015, is the first truly comprehensive federal measure attempting to provide legal equality for LGBT people in the United States. It goes far beyond all prior bills on this topic, because none of the bills introduced in Congress included gender identity until relatively recently and the main federal bills of recent vintage have been narrowly … <Read More>
Legal Issues
European Human Rights Court Says Italy Must Create A Legal Structure for Same-Sex Couples
A seven-judge chamber of the European Court of Human Rights (ECHR) in Strasbourg has ruled that Italy’s failure to adopt a legal structure for same-sex relationships, such as a civil union or registered partnership similar to those in other European countries such as Austria or Germany, violates Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, a treaty to which 47 European countries are signatories. The ruling in the … <Read More>
NY Appellate Division Panel Declares Amended NYC Adult Zoning Ordinance Unconstitutional
Adding another chapter to the long-running two-decade litigation saga of New York City’s controversial adult uses zoning ordinance, a 5-judge panel of the New York Appellate Division, 1st Department, based in Manhattan, ruled by a 3-2 vote on July 21, 2015, that the 2001 Amendments to the regulation governing location of adult eating and drinking establishments and adult video and book stores unconstitutionally abridge freedom of speech protected by the First Amendment of the U.S. … <Read More>
Federal Discrimination Agency Says Gays Are Protected Against Employment Discrimination
The Equal Employment Opportunity Commission (EEOC), the federal agency that enforces Title VII of the Civil Rights Act of 1964, issued a decision on July 15 holding for the first time that Title VII’s ban on employment discrimination because of sex includes discrimination against somebody because they are gay, lesbian or bisexual. This marks a complete turnaround by the EEOC from the position taken by the agency throughout all of its 50 year history. The … <Read More>
2nd Circuit Revives Transgender Welder’s Discrimination Case Against Ironworkers Union
A unanimous panel of the U.S. Court of Appeals for the 2nd Circuit, reversing the dismissal of a Title VII discrimination claim filed by a transgender welder against his union, ruled that failure to exhaust administrative remedies is not a jurisdictional bar and that the district court incorrectly failed to discern an alternative federal ground for the lawsuit under the National Labor Relations Act. As such, the district court must reconsider both its decision … <Read More>
Federal Court Refuses to Dismiss Transgender Professor’s Sex Discrimination Lawsuit
U.S. District Judge Robin J. Cauthron denied a motion to dismiss a Title VII sex discrimination claim filed by the Justice Department on behalf of a transgender woman against Southeastern Oklahoma State University, alleging that she suffered discriminatory treatment and a denial of tenure after she announced her intent to transition. %United States v. Southeastern Oklahoma State University%, 2015 U.S. Dist. LEXIS 89547 (W.D. Okla., July 10, 2015).
Dr. Rachel Tudor, the University … <Read More>
Dangers of Home-Made Wills Shown by New York Appellate Ruling
A New York Appellate Division four-judge panel has affirmed a ruling by New York County Surrogate Nora Anderson that Ronald D. Myers’ home-made will should be construed to leave his stock portfolio, apart from some IBM stock, to his mother rather than to his same-sex life partner. Ephraim v. O’Connor, 2015 WL 4002277 (N.Y. App. Div., 1st Dep’t, July 2, 2015). The ruling turned on the ambiguities of a document drafted without the … <Read More>
Federal Court Rules on Veterans Cemetery Burial Dispute for Married Same-Sex Couple
In light of Obergefell v. Hodges, the decision in Taylor v. Brasuell, 2015 WL 4139470 (D. Idaho, July 9, 2015), seems obvious. Taylor is a 74-year-old veteran of the U.S. Navy. She married Jean Mixner in a religious ceremony in 1995, and then the women married again in a legal civil ceremony in California in 2008. Mixner passed away in 2012 and was cremated. Taylor kept the ashes, intending that when the time … <Read More>
NY Court Dismisses Divorce Petition Where Religious Marriage was Performed Without a License Ten Years Earlier
In what may have been the first New York court opinion to cite Obergefell v. Hodges, a Manhattan trial judge ruled on July 2 that a purported marriage between an Orthodox Jewish woman and a man was invalid, even though the parties lived together for ten years after a rabbi performed a marriage ceremony for them without a marriage license. Devorah H. v. Steven S., 2015 N.Y. Slip Op. 25228 (Sup. Ct., N.Y. Co.).… <Read More>
Federal Court Allows Transgender Challenge to NY Medicaid Regulations to Continue
U.S. District Judge Jed Rakoff in Manhattan denied most of New York State’s motion to dismiss a lawsuit challenging various limitations in the state’s Medicaid program relating to treatment for gender dysphoria. Judge Rakoff did not immediately issue a written opinion supporting his June 26 ruling, indicating that one would be issued later. The case is Cruz v. Zucker, No. 14-CV-4456 (JSR)(GWG) (S.D.N.Y., June 26, 2015).
Medicaid is a joint federal-state program to provide health … <Read More>