After rendering a bench ruling in mid-August in anticipation of the approaching resumption of school for the fall semester, U.S. District Judge Edward G. Smith released a lengthy opinion (running over 75 pages in LEXIS) on August 25, explaining why he was denying a preliminary injunction motion by plaintiffs in Doe v. Boyertown Area School District, 2017 U.S. Dist. LEXIS 137317, 2017 WL 3675418 (E.D. Pa.), in which the plaintiffs, cisgender students and their … <Read More>
gender identity
Supreme Court May Consider Whether Federal Law Already Outlaws Sexual Orientation Discrimination
Lambda Legal has announced that it will petition the Supreme Court to decide whether Title VII of the Civil Rights Act of 1964, which bans employment discrimination because of sex, also bans discrimination because of sexual orientation. Lambda made the announcement on July 6, when the U.S. Court of Appeals for the 11th Circuit, based in Atlanta, announced that the full circuit court would not reconsider a decision by a three-judge panel that had … <Read More>
New Jersey Court Grants Name Change to Trans Teen in Case of “First Impression”
In what the court characterized as a matter of “first impression in this state,” New Jersey Superior Court Judge Marcia Silva granted a transgender teenager a change of name from Veronica to Trevor on March 17. “At the parties’ request,” wrote Judge Silva, “this court has used the parties’ real names. It was also Trevor’s desire that his name be used in this opinion.” The opinion was approved for publication on June 28. The case … <Read More>
The current status of transgender legal rights in the U.S.
I was invited by Rabbi Sharon Kleinbaum to give a talk at Friday night services at Congregation Beit Simchat Torah on June 3 about the current status of transgender rights in the U.S. CBST observes Gay Pride Month with a series of guest speakers on Friday nights, and the first Friday of the month was designated as “Trans Pride Shabbat” this year. Below is a revised version of the text I prepared for that talk, … <Read More>
Mississippi Defies the 1st Amendment with “Freedom of Conscience” Law
On April 5 Mississippi Governor Phil Bryant signed into law H.B. 1523, a measure that received overwhelming approval in both houses of the state legislature. Titled the “Protecting Freedom of Conscience From Government Discrimination Act,” the law was clearly intended to encourage businesses and individuals in the state to discriminate against same-sex couples, LGBT people, and even sexually-active unmarried heterosexuals.
Despite the broad wording of its title, the measure does not on its face protect … <Read More>
Federal Court in Connecticut Finds Transgender Plaintiff’s Sex Discrimination Claim Actionable Under Title VII
U.S. District Judge Stefan R. Underhill has ruled that a transgender doctor could go forward with her sex discrimination claim under Title VII of the Civil Rights Act of 1964 against a Connecticut hospital. Noting a split of authority among federal circuit courts of appeals and the lack of a controlling ruling from the U.S. Supreme Court or the Court of Appeals for the 2nd Circuit, Judge Underhill found more persuasive the more recent … <Read More>
NYLS Impact Center Salon on Transgender Issues
The New York Law School Impact Center is presenting a Salon on Transgender Issue on Tuesday, September 29. I am participating together with attorneys M. Dru Levasseur of Lambda Legal and Ezra Young. I prepared a case table on transgender law for distribution at the event and am sharing it here:
Selected Legal Decisions on Transgender Issues
Prepared by Arthur Leonard for NLYS Impact Center Salon, September 29, 2015.
Criminal Law:
City of Chicago v. … <Read More>
The Obama Government Contractor Executive Order
The White House has announced that President Barack Obama will sign an executive order on July 21, 2014, amending Executive Order 11246 to add “sexual orientation” and “gender identity” as prohibited grounds of discrimination by government contractors. Announcements emanating from the White House suggest that the addition of these terms to the existing executive order are the only substantive changes that will be made. The non-discrimination requirements will be included in new federal contracts made … <Read More>
Transgender Woman Wins New Trial on Inheritance From Her Husband
A three-judge panel of the Texas Court of Appeals ruled on February 13 that Nikki Araguz, a transgender woman who is the surviving spouse of Texas firefighter Thomas Araguz, is entitled to a trial of the question whether her marriage with Thomas was valid. Thomas died without a will, and his mother and ex-wife (suing on behalf of his children) contend that the marriage was not valid and thus cannot provide the basis for an … <Read More>
Bureaucratic Obtuseness Leads to Discrimination Claim by Transgender Woman against New York City
New York State Supreme Court Justice Margaret A. Chan (Supreme Court, New York County) ruled on December 2 that a transgender Jane Doe plaintiff had stated a cause of action against New York City based on the treatment she received when she requested that the Human Resources Administration’s HIV/AIDS Services Administration (HASA) update it records and issue her a new benefits ID card that correctly identifies her name and gender. My first reaction on reading … <Read More>