Supreme Court Rules: LGBTQ People are Protected from Job Discrimination

discrimination LGBT civil rights act

Divided Supreme Court Rules On Sex Discrimination Protection For LGBT Workers

discrimination LGBT civil rights actIn a landmark ruling, a divided Supreme Court ruled on June 15, 2020 that the 1964 Civil Rights Act barring sex discrimination in the workplace also protects LGBTQ employees from being fired because of their sexual orientation. The case, Bostock v. Clayton County, Georgia can be accessed by clicking here. The court decided by a 6-3 vote that a key protection of the Civil Rights Act  of 1964 known as Title VII that bars job discrimination because of sex also encompasses discrimination against LGBT workers.

The decision was written by Associate Justice Neil Gorsuch (who was appointed to the Court by President Trump). Chief Justice John Roberts also joined the court’s four liberal justices composing the majority. Dissenting were Associate Justices Samuel Alito, Clarence Thomas and Brett Kavanaugh.

“An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex,” Justice Neil Gorsuch wrote for the court. “Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”

“The lawmakers who drafted and enacted the legislation

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Study Finds that Same-Sex Weddings have Generated $3.8 billion Over the Last 5 Years

Study Finds that Same-Sex Weddings have Generated $3.8 billion Over the Last 5 Years

Same-Sex weddings Have Generated Billion in Local and State Economic Activity in U.S. According to Study

same-sex marriage same-sex weddingsIt is estimated that there are 513,000 married same-sex couples in the United States. There are 28 United Nations’ member states that recognize the right of same-sex individuals to marry.  According to a study released on May 25, 2020 by the Williams Institute on Sexual Orientation and Gender Identity Law at UCLA , same-sex weddings have generated $3.8 billion in local and state economic activity in the United States since the Supreme Court legalized gay marriage five years ago this month in Obergefell v. Hodges. Click here to read the Supreme Court decision.

In June 2015, when the Supreme Court issued its decision in Obergefell, there were an estimated 242,000 same-sex married couples in the U.S. The number of married same-sex couples has more than doubled since then. An estimated 513,000 same-sex couples are married as of March 2020. The researchers used data from the government’s American Community Survey.

Researchers found the average cost of a same-sex marriage was $11,000 (compared with $15,000 for heterosexual couples), coming to over $3.2 billion. In addition, researchers estimated their out-of-state guests spent over $540,000 over the … Read More... “Study Finds that Same-Sex Weddings have Generated $3.8 billion Over the Last 5 Years”

Gay Marriage Alert: Masterpiece Cakeshop Court Case is Finally put to Rest…For Now

same-sex baker supreme court

PUBLISHERS NOTE: I want to thank Ashlyn Gallant, a third year law student at the University of Dayton School of Law, who researched and wrote this same-sex alert blog article. She is externing with us for the summer. Well done Ashlyn!

Supreme Court Rules In Favor Of Baker In Same-Sex Religious Freedom Case

same-sex baker supreme courtIt seems as though it was just yesterday that the news came out stating that a baker in Colorado refused to bake a cake for a same-sex couple’s wedding due to his religious beliefs against same-sex marriage. Outrage broke out on both sides of the spectrum. LGBT+ activists took to their platforms and religious freedom was put to the test. As of June 4, 2018, the case has been decided, but not for the reasons one would think.

The Supreme Court released their decision and as a result, some are in complete disbelief. The Court’s narrow holding allowed the Baker to walk away vindicated after six long years of turmoil. However, the true issue is one that will still remain undecided because while the Court decided the case for the Baker, they didn’t decide it in his favor because they agreed that his religious freedom trumped … Read More... “Gay Marriage Alert: Masterpiece Cakeshop Court Case is Finally put to Rest…For Now”

Same-Sex Marriage Alert: U.S. Supreme Court Ruling on Birth Certificates

lincoln memorial in rainbow colors

Supreme Court Rules States May Not Treat Same-Sex Marriage Couples Differently From Others When Issuing Birth Certificates

same-sex marriage supreme courtOn Monday, June 26, 2017, the United States Supreme Court reversed a decision from the Arkansas Supreme Court. The decision that was just overruled by the United States Supreme Court was monumental in that the Supreme Court reaffirmed its 2015 decision, Obergefell v. Hodges, recognizing constitutional rights to same-sex marriage. The Supreme Court ruled that states may not treat married same-sex couples differently from others when issuing birth certificates. The case in question, Pavan v. Smith, concerns an Arkansas law that treated same-sex couples differently than opposite sex-couples.

In Pavan, married lesbian couple had jointly planned their child’s conception by means of an anonymous sperm donor. However, when the parents went to list both moms as parents on the birth certificate, Arkansas state officials would only allow the biological mom to place her name on the certificate. Unfortunately, under Arkansas law, same-sex couples were unable to have a same-sex spouse listed as a parent, whereas an opposite-sex couple could automatically have a non-genetic father listed on the birth certificate. The court ruled this unjust as there was a violation … Read More... “Same-Sex Marriage Alert: U.S. Supreme Court Ruling on Birth Certificates”

LGT Parent: What Impact Does It Have On a Child?

“‘Not a big deal’? exploring the accounts of adult children of lesbian, gay and trans parents (LGT)”

lgt parentA recent article in Psychology & Sexuality, studied the effects that having an LGT (lesbian, gay, transexual) parent has on adult children.  Because most research to date has centered on younger children and their well-being at the time, the authors of the article wanted to look at how these children feel now that they are adults and have families of their own. Entitled, “‘Not a big deal’? exploring the accounts of adult children of lesbian, gay and trans parents,” authors Victoria Clarke and Eleni Demetriou surveyed 14 adults.  Thirteen of the subjects were born to a heterosexual couple where one partner was later outed as gay, lesbian or trans.

In their research, the authors hoped to learn what impacts, if any, these children who were now adults, experienced during their formative years.  The participants included 13 women and 1 man who ranged in age from 21 to 60 and completed on-line questionnaires in lieu of in-person interviews.

Adult Children Of LGT Parents Not Damaged By Parents’ Sexuality/Gender Identity Study Finds

Historically, research has shown that children within these families do not consider … Read More... “LGT Parent: What Impact Does It Have On a Child?”

Same-Sex Marriages: Should Judges Decline To Perform Same-Sex Marriages?

Judicial Performance of Same-Sex Marriages: Personal Beliefs Must Take a Back-Seat to Impartiality

same-sex marriages ohioEarlier this summer, the Supreme Court held that an individual’s right to marry a person of his or her choice to be a fundamental right under the United States Constitution. This ruling, highly publicized and long-anticipated, sparked expansive debate regarding Same-Sex Marriages across the country as citizens struggled to adapt their personal and professional lives in accordance with the Court’s intent to equally expand the rights of marriage to same-sex couples. Not long after, small businesses engaged in the “wedding industry” – perhaps, most notably a bakery in Colorado – announced that due to personal beliefs, they would not extend their services to same-sex couples that wished to marry. Debate and litigation continues to develop as courts begin to unearth whether the personal beliefs of business owners to essentially engage in discrimination violate the Supreme Court’s holding.

While the media likely anticipated backlash from United States citizens historically entitled to their personal beliefs and motives concerning same-sex marriages, it might not have anticipated the extension of similar concerns all the way to the judicial branch. On August 7, 2015, the Supreme Court of Ohio issued an Read More... “Same-Sex Marriages: Should Judges Decline To Perform Same-Sex Marriages?”

Same-Sex Marriage Case Declined By U.S. Supreme Court

The U.S. Supreme Court’s Refusal to Rule on Same-Sex Marriage Cases has Broad Implications

same-sex marriage supreme courtThe United States Supreme Court recently declined to take up an issue regarding same-sex marriage.  By declining to take these cases, the court has allowed men and women to have entered into same-sex marriages in eleven states that previously didn’t allow same-sex marriages.*

By refusing to take up the appeals of these cases, they have in essence upheld the rulings that all allowed same-sex marriage.  Those new eleven states that are now required to recognize and issue same sex marriage certificates are listed below. Even more surprising is that the court did not issue an explanation (which is typical) as to why they decided not to rule on the cases.

These cases came up through the Federal Courts of Appeals.  There are 12 of these federal appellate courts in the United States.   These courts cover several states within their jurisdiction, which is how 11 states recently had their same-sex laws implemented.

To make this matter even more interesting, the 6th Circuit of Appeals Court located in Cincinnati, Ohio, which controls Ohio’s federal laws, is currently considering an appeal of same-sex marriage.  The result … Read More... “Same-Sex Marriage Case Declined By U.S. Supreme Court”

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