LGBT issues

  • August 4, 2014

    by Caroline Cox

    In The Washington Post, Maurice Possley of The Marshall Project writes that new evidence raises doubts about the 2004 Texas execution of Cameron Todd Willingham. “This case could be the first to show conclusively that an innocent man was put to death in the modern era of capital punishment.”

    Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor of Law for the University of Chicago,  former ACS Board Chair and current Co-Chair of the Board of Advisors for the ACS Chicago Lawyer Chapter as well as Co-Faculty Advisor for the University of Chicago Law School ACS Student Chapter, explains in The Daily Beast that the flood of judicial rulings holding bans on same-sex marriage unconstitutional are not the result of public opinion shifts. Rather, the Supreme Court opened the door to these decisions long before support for gay marriage became more mainstream.

    Collin Eaton, writing for The Houston Chronicle, reports that BP has asked the Supreme Court to reverse lower court rulings on the approved settlement class for the 2010 Deepwater Horizon disaster. The petition asserts that claimants should have to show that their losses were directly tied to the spill.

    The Tennessean’s Brian Haas reports on the Tennessee Supreme Court retention election, noting the large amount of money conservative groups have spent to campaign against the justices.

    Christine Vestal of Stateline discusses the challenges many state health insurance exchanges face in light of the Halbig v. Burwell ruling. Consumers in 36 states risk losing future premium subsidies if the Supreme Court rules in favor of Affordable Care Act opponents. 

  • July 31, 2014

    by Ellery Weil

    Andrew Prokop at Vox reports on the House of Representatives’ plan to sue President Obama, and what that means in a larger historical context.

    Politico’s Josh Gerstein reports on Supreme Court Justice Ruth Bader Ginsburg’s interview with Katie Couric, where the 81-year-old justice revealed she does not intend to step down in the near future.

    At The Volokh Conspiracy, Dale Carpenter looks at the possible role that animus could play in potential same-sex marriage litigation before the Supreme Court.

    In a piece for Salon, Katie McDonough writes about strong new pushback on recent efforts to curtail reproductive rights, including a new measure introduced by Massachusetts Gov. Deval Patrick to work around the recent ban on abortion clinic buffer zones.

    Writing for The Atlantic, Connor Friedersdorf discusses the legality and ethics of the NSA suppressing former head Keith Alexander’s financial disclosures as he transitions into the private sector.

  • July 22, 2014
    Guest Post

    by Remington A. Gregg, Legislative Counsel, Human Rights Campaign

    *Noting the 50th anniversaries of Freedom Summer and the Civil Rights Act of 1964, ACSblog is hosting a symposium including posts and interviews from some of the nation’s leading scholars and civil rights activists.

    As we pause to commemorate the 50th anniversary of the passage of the Civil Rights Act of 1964, one of the most important pieces of legislation ever passed into law, it is a perfect time to look at the many ways it paved the way for the lesbian, gay, bisexual, and transgender (LGBT) community.  Not only did passage pave the way for additional pieces of civil rights legislation, including Title II of the Americans with Disabilities Act of 1990 and Title IX of the Education Amendments Act of 1972, but it marked a sizeable shift in the use of the commerce clause.  To LGBT movement, however, the Civil Rights Act marked the beginning of the LGBT community’s own fight for equality. 

    The long march toward LGBT equality gained momentum with Romer v. Evans in 1996, where the Supreme Court held that an amendment to the Colorado state constitution that would forbid the state or its subdivisions from extending legal protections to LGB people violated the Equal Protection Clause.  In 2003, in Lawrence v. Texas, the Supreme Court ruled affirmatively for the first time on a due process claim brought by gay claimants that LGBT people “are entitled to respect for their private lives.  The state cannot demean their existence or control their destiny by making their private sexual conduct a crime.  Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government.”  And last year’s critical decision in United States v. Windsor changed the whole landscape in the LGBT community’s access to important federal benefits.   The Court held that Section 3 of the “Defense of Marriage Act,” which defined marriage as a “union between one man and one woman as husband and wife” for federal purposes, was an unconstitutional infringement on equal protection as applied to the federal government under the Due Process Clause of the Fifth Amendment.  Now, LGBT couples have access to more than 1,100 rights, benefits, and obligations previously denied to them.

    Each of these cases has served as a vital building block in the fight for equality. These successes have been paralleled with incredible legislative and administrative victories, including the repeal of “Don’t Ask, Don’t Tell,” passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, and an LGBT-inclusive Violence Against Women’s Act re-authorization. And yesterday, President Barack Obama signed an important executive order.  First, it prohibits federal contractors from discriminating in employment on the basis of sexual orientation or gender identity.  Second, it protects federal employees from discrimination on the basis of gender identity.  (President Bill Clinton signed an executive order that provided protections with regard to sexual orientation.)

  • July 21, 2014

    by Ellery Weil

    Amy Lieberman at Slate writes on mounting protests against immigration checkpoints in Arizona..

    In  The Atlantic, Molly Ball argues that Burwell v. Hobby Lobby Stores, Inc. is a major setback for both the political left and the gay rights movement.

    The Human Rights Campaign Blog discusses President Obama’s historic executive order, signed this morning, barring employment discrimination against the LGBT community.

    At Public Justice, Adrian Alvarez discusses the upcoming Supreme Court case of Young v. United Parcel Services, and what it means for the future of pregnancy discrimination laws.

    ACS sends its deepest condolences to the family of Florida State University School of Law Professor, and founder of PrawfsBlog, Dan Markel, who was shot and killed Friday morning.

  • July 21, 2014

    by Paul Guequierre

    LGBT federal employees and employees of federal contractors can breathe a sigh of relief today, as President Obama signed an executive order barring discrimination on the basis of sexual orientation and gender identity by companies that contract with the federal government and adding gender identity to the existing executive order banning discrimination based on sexual orientation for federal employees. According to the Human Rights Campaign, in the executive order he signed, President Obama explicitly protects transgender federal employees from workplace discrimination by amending an order issued by President Bill Clinton banning sexual orientation discrimination within the federal workforce. In a second order, President Obama will set strong new standards for federal contractors, which employ 20 percent of the American workforce. In so doing, the Obama administration has guaranteed that 14 million more American workers will be protected from discrimination on the basis of sexual orientation or gender identity.

    During his campaign President Obama vowed to sign the executive order, but has spent much of the past few years instead pushing for Congress to pass the Employment Non-Discrimination Act (ENDA), which would make it illegal for all employers to fire or refuse to hire someone based on their sexual orientation or gender identity. In a historic vote, the United States Senate passed ENDA, but its chances of success in the house are slim with an anti-equality leadership.

    Currently only a handful of states offer anti-discrimination protections for LGBT workers. In 29 states a worker can be fired for the sole reason of being gay or bisexual. In 32 states, there is no explicit law banning discrimination based on gender identity.

    Of note, today’s executive order does not include new religious exemption language, relieving the concern of LGBT rights advocates. Last week, 54 law professors from across the country, including several ACS members and contributors penned a letter to President Obama urging him not to cave under pressure from anti-equality conservatives by including religious exemption language in any executive order providing nondiscrimination guarantees for LGBT employees of federal contractors.

    President Obama’s signing of the executive order adds to the long list of victories for equality that the LGBT community has been celebrating over the last several years, and in particular since last year’s landmark Supreme Court decisions striking down Section 3 of the Defense of Marriage Act (DOMA) and putting an end to California’s Prop. 8.