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Lambda Seeks Supreme Court Ruling on Sexual Orientation Discrimination

Lambda Seeks Supreme Court Ruling on Sexual Orientation Discrimination

BY ARTHUR S. LEONARD | In what could prove a pivotal step in the long road toward full equality under the law, Lambda Legal has announced 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 that is […]

Sexual Orientation Discrimination Revisited by Second Circuit

Sexual Orientation Discrimination Revisited by Second Circuit

BY ARTHUR S. LEONARD | As the Second Circuit Court of Appeals was pondering three petitions asking for en banc consideration of whether Title VII of the 1964 Civil Rights Act can be interpreted to ban sexual orientation discrimination as a form of sex discrimination – one petition of which has since been accepted – a […]

Second Circuit Rejects Gay Brazilian Refugee Bid

Second Circuit Rejects Gay Brazilian Refugee Bid

BY ARTHUR S. LEONARD | Opening up a gulf in reasoning with the Ninth Circuit Court of Appeals, which has insisted on a distinction between a government’s official policies and the facts on the ground when evaluating whether gay people would suffer persecution or worse in a particular country, a panel of the New York-based Second […]

Another Federal Judge: Gay Plaintiff Can Claim Sex Discrimination

Another Federal Judge: Gay Plaintiff Can Claim Sex Discrimination

BY ARTHUR S. LEONARD | One of the nation’s most senior federal trial judges, 92-year-old Warren W. Eginton of Connecticut, rejected an employer’s motion to dismiss a sex discrimination claim brought by an openly gay employee under Title VII of the 1964 Civil Rights Act. In a November 17 ruling, Eginton, appointed by Jimmy Carter […]

Appeals Court Declines to Consider Immigrant’s Claim He’s Bisexual

Appeals Court Declines to Consider Immigrant’s Claim He’s Bisexual

BY ARTHUR S. LEONARD | A divided federal appeals panel has denied the effort by a Jamaican immigrant to avoid deportation, deciding that it would accept an immigration judge’s conclusion the man had failed to prove he is bisexual. The 2-1 vote by the Chicago-based Seventh Circuit Court of Appeals on August 17 affirmed an earlier […]

Gay Jamaican Immigrant Gets Deportation Reprieve

Gay Jamaican Immigrant Gets Deportation Reprieve

BY ARTHUR S. LEONARD | A gay immigrant from Jamaica, who was subject to deportation based on state law convictions in Connecticut, now has a second chance to win a reprieve based on an August 9 federal appeals court decision. A three-judge panel of the Second Circuit Court of Appeals that included Judges Pierre N. Leval, […]

Only Straight Students Protected from Homophobic Harassment!

Only Straight Students Protected from Homophobic Harassment!

BY ARTHUR S. LEONARD | A US district judge has ruled that the estate of a public school student who committed suicide after allegedly suffering severe harassment from fellow students can amend its complaint to add a federal Title IX cause of action for sex discrimination by an educational institution, based on the homophobic nature of slurs […]

Manhattan Fed Judge Says Trans Equal Protection Claim Merits Heightened Scrutiny

Manhattan Fed Judge Says Trans Equal Protection Claim Merits Heightened Scrutiny

BY ARTHUR S. LEONARD | For the first time within the US Second Circuit, a district court judge has ruled that a transgender person’s equal protection claim will receive “heightened scrutiny.” The November 15 ruling by Senior Judge Jed Rakoff of the Southern District of New York, in Adkins v. City of New York, relied on […]

Eric Holder: The Evolution of an Advocate

Eric Holder: The Evolution of an Advocate

BY PAUL SCHINDLER: It’s rare for there to be much public discussion of any kind about the details of a government filing in a civil lawsuit, so the outrage that erupted over a 2009 Department of Justice brief submitted in litigation over the federal Defense of Marriage Act (DOMA) was something quite extraordinary. “Holy cow,” John […]

High Court to Consider Global AIDS Funding Restrictions

BY ARTHUR S. LEONARD | The Supreme Court has announced it will review a ruling striking down the US government’s policy of conditioning funding under the US Leadership Against HIV/ AIDS, Tuberculosis and Malaria Act of 2003 on non-profit recipients stating an explicit policy opposing prostitution and sex trafficking and taking no actions inconsistent with […]