LGBT issues

  • August 17, 2016

    By Kevin Battersby Witenoff

    In The Hill, Melissa Boteach and Rebecca Vallas advocate to reform TANF and expound upon the necessity to improve other social welfare programs.

    The ACLU has filed a lawsuit against the Florida Department of Corrections on behalf of transgender woman, Reiyn Keohane. The ACLU and Keohane are alleging the DOC has infringed upon her Eighth Amendment rights by disallowing hormone therapy treatment, reports Andrew V. Pestano of UPI.

    The Huffington Post published an op-ed by Jason Steed in which he explains why it may be in Republican Senators' best interest to reconsider a hearing for Supreme Court nominee Merrick Garland.

    Annalyn Kurtz in The New York Times highlights the challenges faced by new mothers in a male-dominated field that are representative of the struggles females encounter in the workplace across the country.  

  • August 15, 2016

    By Kevin Battersby Witenoff

    The Seventh Circuit Court was unwilling to extend Title VII non-discrimination protection based on sexual orientation, reports George M. Patterson at The National Law Review

    David G. Savage at the Los Angeles Times reports North Carolina and Wisconsin lawyers are attacking gerrymandered electoral maps that ensure suppression of voters of particular races and party affiliation.

    The Editorial Board at The New York Times shares the difficulties of citizens in Sparta, Ga. who experience overt voter suppression reminiscent of Jim Crow.  

    After a report released by the Department of Justice exposed the Federal Bureau of Prisons’ failure to appropriately monitor and control regulations in for-profit prisons, Carl Takei reexamines their necessity in an op-ed for The Marshall Project

  • August 10, 2016
    Since discontinuing “Stop and Frisk” policies, which disproportionately target African and Latino Americans, New York City’s crime rate has decreased dramatically, reports Brentin Mock at City Lab.
    Adam Liptak at The New York Times cites a new study showing criminal defendants appearing in front of the Supreme Court are less likely to have expert counsel than any other type of defendant. 
    J. Lester Feder and Nikki Tsukamoto Kininmonth explain in a recent article on BuzzFeed how, even after a 2003 law allowed for individuals to change their legal gender, doctors in Japan are using an antiquated and oppositional diagnosis to help Transgender people.
    According to an article by Elizabeth Olson in The New York Times, the American Bar Association is considering an amendment to its model rules of professional conduct that would prohibit harassment and discrimination by practicing lawyers.  
  • July 1, 2016
    Guest Post

    by Harvey L. Fiser, Associate Professor Business Law,  Millsaps College

    As the celebrations of gay pride month came to a close and LGBT Americans herald the major advances in the court of public opinion and honor the anniversaries of the Windsor and Obergefell decisions, Mississippians were facing the prospect of waking up on July 1 with another attack on LGBT rights, HB 1523 – arguably the most comprehensive and blatantly discriminatory “religious freedom” bill any state has yet to pass.  Rather than following the advice of Indiana University Maurer School of Law Professor Steve Sanders  and taking time to celebrate the role these pioneering cases had in elevating “gays and lesbians to a place of constitutional dignity,” Mississippians waited for news on whether a federal court would stop this newest state sanctioned discrimination.    

    In response to the Supreme Court’s rulings finding that gays and lesbians have equal dignity in marriage, Mississippi’s legislature, Lieutenant Governor and Governor went further than any state has gone before – putting into law their own personal religious doctrines. On April 5, 2016, House Bill 1523 was signed into law over the protest of many companies, civil rights organizations and a major public outcry.  The bill purports to protect numerous public and private actions based wholly or partially on three, and only three, religious beliefs – that “(a) Marriage is or should be recognized as the union of one man and one woman; (b) Sexual relations are properly reserved to such a marriage; and (c) Male (man) or female (woman) refer to an individual’s immutable biological sex as objectively determined by anatomy and genetics at time of birth.”

    This bill has been described as “narrower and broader” than any religious freedom act to date. Narrower in that it names specific religious beliefs that are protected and broader because it applies to both religious and secular businesses and organizations. According to testimony by Douglas NeJaime, professor of law at UCLA and faculty director of the Williams Institute, after Windsor, in the 2015 legislative session, there were more than 50 LGBT related religious accommodation bills introduced. In 2016, after Obergefell, there were over 100 introduced – HB 1523 being one of two enacted that year. According to Professor NeJaime, HB 1523 was based on model legislation drafted by the Alliance Defending Freedom, an organization “of the Christian right with the express purpose of seeing Christian principles enacted into law” and was passed in direct response to Obergefell.

  • July 1, 2016
    Guest Post

    by Caroline Mala Corbin, Professor of Law, University of Miami School of Law

    The United States has made tremendous progress on LGBTQ rights. We are, after all, celebrating the one-year anniversary of Obergefell v. Hodges and marriage equality. White House executive orders and EEOC guidelines have also expanded anti-discrimination protections. At the same time, there is still much that needs to be done.  Congress has not amended civil rights law to bar LGBTQ discrimination in employment, education, housing, or public accommodations. Even when such protection exists, individual, organizations and businesses have claimed they have a religious right to discriminate against the LGBTQ community. In particular, the Supreme Court’s 2014 decision in Burwell v. Hobby Lobby Stores, Inc. expanded the Religious Freedom Restoration Act (RFRA), raising concerns about RFRA’s use as a means to discriminate in the name of religious freedom.

    Hobby Lobby was a challenge to the Affordable Care Act requirement that large employers include FDA-approved contraception in their health care plans. Hobby Lobby Stores, Inc., a billion-dollar chain of arts and crafts stores with thousands of employees, argued that it was religiously opposed to certain forms of contraception and that consequently this contraception benefit violated its RFRA rights. Under RFRA, “persons” are entitled to exemptions from federal laws that impose a substantial burden on their religious conscience unless the challenged law passes strict scrutiny. A law passes strict scrutiny if it advances a compelling state goal in a narrowly tailored way. While RFRA itself applies to federal law, many states have counterparts that apply to state law.