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Big Gay Rights Win in US Second Circuit

Big Gay Rights Win in US Second Circuit

BY ARTHUR S. LEONARD | The Second Circuit Court of Appeals, with jurisdiction over federal cases from New York, Connecticut, and Vermont, ruled on February 26 that Title VII of the 1964 Civil Rights Act, which prohibits discrimination because of an individual’s sex, also makes it unlawful for employers to discriminate against a person because of […]

Supreme Court Denies Review in Gay Rights Case

Supreme Court Denies Review in Gay Rights Case

BY ARTHUR S. LEONARD | The US Supreme Court announced on December 11 that it will not review a decision by a three-judge panel of the Atlanta-based 11th Circuit Court of Appeals, which ruled on March 10 that a lesbian formerly employed as a security guard at a Georgia hospital could not sue for sexual orientation […]

New Supreme Court Term Could Be Blockbuster

New Supreme Court Term Could Be Blockbuster

BY ARTHUR S. LEONARD | The Supreme Court’s term beginning on October 2 and extending through the end of June may become a blockbuster term for LGBTQ legal issues. The court has already agreed to review the Colorado Court of Appeals’ decision that the First Amendment’s free speech and religious freedom protections do not shield a […]

Trump’s Justice Department Weighs in Against Gay Rights Claims

Trump’s Justice Department Weighs in Against Gay Rights Claims

BY ARTHUR S. LEONARD | On the same day that Donald Trump tweeted that the US military would bar open service by transgender Americans, his Department of Justice let another shoe drop. In a brief filed July 26 with the New York-based Second Circuit Court of Appeals, the DOJ weighed in on a critical question […]

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, […]

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