A three-judge panel of the San Francisco-based U.S. Court of Appeals for the 9th Circuit upheld a preliminary injunction that Idaho Chief U.S. District Judge David C. Nye issued several years ago blocking the implementation of Idaho’s “Fairness in Women’s Sports Act,” which was enacted in 2020. Hecox v. Little, 2023 U.S. App. LEXIS 21541, 2023 WL 5283127 (August 17, 2023). Judge Nye has yet to issue a final ruling on the merits … <Read More>
For the first time, federal judges have suggested that constitutional challenges to state laws banning gender-affirming care for minors are unlikely to succeed, and have stayed a preliminary injunction that was issued by the district court on June 28 against operation of Tennessee’s law. The case is LW. V. Skrmetti, No. 23-5600 (6th Cir.). The state’s request to the trial judge to stay his preliminary injunction pending an appeal had been denied by that … <Read More>
In May, Tennessee enacted a law intended to require operators of facilities with public restrooms who allow transgender people to use restrooms consistent with their gender identity to post a vividly colored large notice at the entrance to the restroom warning people about that policy. The law went into effect on July 1. On July 9, U.S. District Judge Aleta Trauger issued a preliminary injunction banning its enforcement while a lawsuit challenges its constitutionality in … <Read More>
The U.S. Supreme Court announced on February 24 that it will review a 2019 ruling by the U.S. Court of Appeals for the 3rd Circuit, in which that court rejected 1st Amendment claims by the Catholic Social Services agency in Philadelphia that lost its foster services contract with the City by insisting it would refuse to provide services to same-sex couples. The unanimous appeals court decision affirmed a ruling by U.S. District Judge … <Read More>
On January 30, U.S. Magistrate Judge Amanda Arnold Sansone (M.D. Fla., Tampa Div.), issued a Report and Recommendation to the U.S. District Court, recommending that the court issue a limited preliminary injunction barring the City of Tampa, Florida, from enforcing its Ordinance banning licensed health care professionals from performing conversion therapy on minors. The Ordinance forbids all kinds of therapy for the purpose of attempting to change a person’s sexual orientation or to reduce or … <Read More>
Just minutes before Mississippi’s anti-LGBT H.B. 1523 was scheduled to go into effect on July 1, U.S. District Judge Carlton W. Reeves filed a 60-page opinion explaining why he was granting a preliminary injunction to the plaintiffs in two cases challenging the measure, which he consolidated for this purpose under the name of Barber v. Bryant.
According to Judge Reeves, H.B. 1523 violates both the 1st Amendment’s Establishment of Religion Clause and the 14th Amendment’s … <Read More>
Yesterday afternoon U.S. District Judge Thomas M. Durkin signed a temporary restraining order and permanent injunction directing Cook County Clerk David Orr to issue a marriage license to Vernita Gray and Patricia Ewert. Gray v. Orr, Case No. 1:13-cv-8449 (Nov. 25, 2013). The marriage equality bill signed into law last week by Governor Patrick Quinn does not go into effect until June 1, 2014, but that may be too late for Gray and Ewert, who … <Read More>