Equality Case Files

03/23/2023

Florida

"Four Florida families filed a lawsuit in federal court today challenging the Boards of Medicine and Osteopathic Medicine’s new rules banning the medically necessary healthcare their transgender children need." See press release below for more information and a link to the complaint.

The case has been assigned to Judge Robert L. Hinkle.

“We have no choice but to fight this ban to protect our daughter’s health.” – Plaintiff Jane Doe, challenging the policy on behalf of herself and her daughter, Susan TALLAHASSEE, FL – Four Florida families filed a lawsuit in federal court today challenging the Boards of Medicine and Osteop...

03/18/2023

PINNED POST

As most everyone is aware by now, there is an unprecedented onslaught of anti-trans bills being introduced and enacted into law in states across the country. Here are some of the places to keep up with what’s going on.

Erin Reed has comprehensive coverage, including reporting on legislative hearings.
• Follow her on twitter:
• Read her substack: https://erininthemorn.substack.com
* Sign up for her newsletter: https://bit.ly/3LxTiji

The Trans Formations Project has a weekly roundup
• Here’s the latest edition: https://mailchi.mp/d43b505e4af9/2-3-9560777?e=31e2aa96bf
• Sign up here: http://bit.ly/3FxJrGo

The ACLU has a bill tracker for anti-LGBTQ+ legislation (not trans-specific).
• They have a clickable map to filter by state:
https://www.aclu.org/legislative-attacks-on-lgbtq-rights

And finally, a reminder that we have allies everywhere: Nebraska state Sen. Machaela Cavanaugh’s filibuster brought the legislature to a halt for over 3 weeks in protest of a bill that would ban gender-affirming therapies for minors.

“If this Legislature collectively decides that legislating hate against children is our priority, then I am going to make it painful — painful for everyone. I will burn the session to the ground over this bill.”
http://bit.ly/42g3kvn

As of yesterday, she reached an agreement with the Speaker of the Legislature to pause her filibuster:
https://www.wowt.com/2023/03/16/cavanaugh-pull-back-nebraska-unicameral-filibuster/

LINCOLN, Neb. (AP) — It was a mundane, unanimously supported bill on liquor taxation that saw state Sen. Machaela Cavanaugh take to the mic on the Nebraska Legislature floor last week. She offered her support, then spent the next three days discussing everything but the bill, including her favorit...

02/14/2023

California

"[State Senator Scott Weiner] and Democratic Assembly Member Evan Low of Silicon Valley plan to introduce legislation Tuesday to rescind Proposition 8. The measure would need to be approved in the Legislature by a two-thirds vote, and then it will ultimately fall to voters to decide via a referendum."

"In 2013, the U.S. Supreme Court cleared the way for same-s*x marriage in California. [Proposition 8] is still on the books, however, and that worries advocates who think the high court may revisit the 2015 case that legalized gay marriage nationwide."

Full article below.

A constitutional amendment approved by voters in 2008 that banned the state from recognizing same-s*x marriages is still on the books, worrying advocates.

02/13/2023

Soule v. Connecticut Assn. of Schools (Plaintiffs in lawsuit to block transgender girls from competing as girls in school sports appeal order dismissing the case and request judge reassignment on remand)

The 2nd Circuit has ordered this appeal reheard by the full court (i.e., en banc rehearing). The was on the court's own initiative, not the result of any party asking for the rehearing.

A 3-judge panel issued its opinion last December, upholding the district court's dismissal. Now the full court will rehear the appeal.

The ACLU, representing two transgender athletes, intervened in the case to defend the state's policy. I expect a statement from them shortly and will update this post when I receive it.

02/09/2023

On Tuesday, the 5th Circuit heard argument in Braidwood v. EEOC, a case in which religious employers are seeking exemptions to Title VII's protections against discrimination based on s*xual orientation or gender identity.

• Panel: Judges Smith, Clement, and Wilson.
• Listen to audio here: https://www.ca5.uscourts.gov/OralArgRecordings/22/22-10145_2-7-2023.mp3

In district court, this case is before Judge Reed O’Connor. Judge O’Connor ruled for plaintiffs (the employers) as to “policies on s*xual conduct, dress code, and restrooms,” and certified a class consisting of “employers who oppose homos*xual or transgender behavior on religious and nonreligious bases.”

The employers argue, and Judge O’Connor agreed, that Bostock prohibits discrimination based on status, not behavior, and any s*x-neutral policies (their meaning: it applies equally to "biological" men and women) are permissible.
For the district court ruling, see
• Memo Opinon: http://files.eqcf.org/cases/418-cv-00824-124/
• Judgment: http://files.eqcf.org/cases/418-cv-00824-136/

The EEOC is appealing the judgment in this pre-enforcement challenge (including the class certification) on the basis of standing and ripeness, saying the ruling “amounts to a nationwide advisory opinion on the scope of Title VII and its interaction with RFRA and the First Amendment"

Plaintiff Braidwood Mgmt is cross-appealing the ruling in favor of the EEOC “as to employer policies concerning bis*xual conduct, s*x-reassignment surgery, and hormone treatment.” Braidwood argues that Bostock only speaks to “homos*xual and transgender status” and it is only EEOC’s interpretation that has impermissibly extended its holding to s*xual orientation and gender identity.

Briefs in the appeal are available at our docket linked below.

Braidwood Management v. EEOC, No. 22-10145 U.S. Court of Appeals for the Fifth Circuit

01/26/2023

State legislatures are in session and in multiple states, the first order of business has been to pass new laws targeting the LGBTQ community, with an emphasis on transgender people. We'll be pointing to resources for tracking these bills, but In the meantime, here's one from Arkansas:

"The Arkansas Senate on Tuesday handily approved a bill that would classify "drag performances" as an adult-oriented business, after supporters and opponents disagreed about whether it is targeted at particular groups.

"In a party-line vote, the Senate voted 29 to 6 to send Senate Bill 43 by Sen. Gary Stubblefield, R-Branch, to the House for further action. All 29 Senate Republicans voted for the bill. All six Senate Democrats voted against the bill."

The Arkansas Senate on Tuesday handily approved a bill that would classify "drag performances" as an adult-oriented business, after supporters and opponents disagreed about whether it is targeted at particular groups.

01/18/2023

UPDATE: The trial in Ashley Diamond's case was cancelled yesterday evening. The trial was set to resume this morning following Monday's jury selection. I don't have any other details to report right now.

UPDATE 2: In response to Ms. Diamond’s decision to forego a trial, attorneys at the Southern Poverty Law Center and the Center for Constitutional Rights issued the following statement:

“Ashley Diamond has decided that a lengthy trial and the trauma of recounting her horrific abuse and neglect by the Georgia Department of Corrections would be detrimental to her recovery. She is deeply grateful for the public support she has received over the years and looks forward to returning to her activism after she has spent time focusing on healing.

“For over a decade, Ms. Diamond has fought for the rights of imprisoned transgender people, and she hopes to continue to be a leader in this vital effort.”

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Jury trial begins this week in Ashley Diamond's federal lawsuit against Georgia Department of Corrections officials. Ms. Diamond is a transgender woman who was held in mens' prisons until her release in August '22. She seeks damages for prison officials’ failure to protect her from s*xual assault, s*xual abuse, s*xual harassment, and denial of necessary medical care while incarcerated.

The Southern Poverty Law Center has more about the case at the link below. Note that the only remaining claims are for damages, as she has now been released.

The trial is in Macon (M.D. Ga.) before Chief Judge Marc Treadwell. Yesterday was jury selection. Witness testimony will begin tomorrow, Jan 19 and is expected to last through Jan 27. I (Kathleen) will be here for the duration.

Twelve jurors were seated and sworn in yesterday morning following voir dire (federal rules require at least six). Because the demographics sometimes discussed in open court (e.g., age, occupation) were not openly discussed in this case, there's not much I can can report on demographics with any certainty.

Based only on my impression, it appears there are seven women and five men, ages ranging from 20s/early 30s to 70-ish, on the jury.

One question plaintiff’s attorney asked prospective jurors during voir dire was whether they, family, or friends are LGB. Of the 38 people in the jury pool, 8 identified they have family or close friends who are LGB and 4 of these people are on the jury. The same question was asked whether they, family, or friends are transgender. One person identified having a trans family member; this person not on jury.

The Court used a “silent strike” method of striking jurors , i.e., parties and judge passed a sheet back and forth without discussing contents in open court, so I don’t know who was struck - either for cause or for each sides’ 3 preemptory strikes.

For filings in the case, see our docket here. We’ll try to keep this updated throughout the trial:
http://files.eqcf.org/cases/m-d-ga-520-cv-00453-docket/

Ashley Diamond, Who Won Previous Changes Against GDC, Sues for Second Time

01/10/2023

West Virginia

UPDATE 2: Last week, West Virginia applied to the U.S. Supreme Court to vacate the injunction, allowing the ban to go back into effect. SCOTUS has asked for a response to the application by Monday, March 20.
SCOTUS Docket is here: http://bit.ly/3mRVacc

Note that this injunction only applies to one single 12-year-old runner. See Chris Geidner's article here: https://www.lawdork.com/p/west-virginia-teams-up-with-anti

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UPDATE: The 4th Circuit court of appeals has granted a stay pending appeal. This reinstates the preliminary injunction that blocks the law from taking effect while the district court's ruling is appealed.

Order here: http://files.eqcf.org/cases/23-1078-50/

Briefing in the appeal is currently scheduled to conclude May 26, 2023

====== original post ===================

On Thursday, a federal judge upheld West Virginia's law banning transgender girls and women from participating in girl's/women's school sports and dissolved the preliminary injunction he issued in July.

“The question before the court is whether the legislature’s chosen definition of 'girl' and 'woman' in this context is constitutionally permissible. I find that it is.”

The opinion is linked below.

A couple of notable excerpts:
“First, despite the politically charged nature of transgender acceptance in our culture today, this case is not one where the court needs to accept or approve B.P.J.’s existence as a transgender girl. B.P.J., like all transgender people, deserves respect and the ability to live free from judgment and hatred for simply being who she is. But for the state legislature, creating a 'solution' in search of a problem, the courts would have no reason to consider eligibility rules for youth athletics. Nevertheless, I must do so now.”

“I will not get into the business of defining what it means to be a “girl” or “woman.” The courts have no business creating such definitions, and I would be hard-pressed to find many other contexts where one’s s*x and gender are relevant legislative considerations. But I am forced to consider whether the state’s chosen definition passes constitutional muster in this one discrete context.”

There is no indication yet whether the ACLU intends to appeal.

EQCF's docket for the case, with links to court filings is here: https://bit.ly/3GTfC3V

More about the case, including a profile of the girl who sued, is available here: https://bit.ly/3WZ1PyE

The Alliance Defending Freedom has been "a great partner" in defending West Virginia's anti-trans sports bill, the state's attorney general said Thursday.

01/10/2023

Maryland

On Friday, a Maryland federal judge ruled in favor of a transgender man denied gender-affirming care by the University of Maryland St. Joseph Medical Center.

From the ACLU:
“A federal court ruled [Friday] that the University of Maryland St. Joseph Medical Center violated the Affordable Care Act when it denied Jesse Hammons for commonly-performed medical care simply because the procedure was for gender-affirming care. The government-owned hospital claims that providing Hammons with medical care would be a violation of their religious beliefs.”

“The medical center was operated as a Catholic hospital until the University of Maryland Medical System purchased the hospital in 2012. Despite being a governmental entity, UMMS agreed to operate the medical center as a Catholic hospital. Hammons was able to receive gender-affirming care in July through a different medical provider.”

Per the opinion, “Any remaining questions as to damages—to the extent that there are any—are reserved for trial.” Judge Chasanow has set a January 25 status conference where parties will discuss next steps in the case.

Per federal rules, defendants have 30 days to file a notice of appeal.

The full opinion is linked below. The ACLU has more information on the case here: https://www.aclu.org/press-releases/aclu-sues-university-maryland-hospital-turning-away-transgender-man

Doc 121 - Memorandum Opinion

12/16/2022

Soule v. Connecticut Assn. of Schools (Lawsuit to block transgender girls from competing as girls in school sports)

The 2nd Circuit U.S. Court of Appeals affirms the district court dismissal of this lawsuit. The opinion is linked below.

From the opinion:
"Plaintiffs-appellants are four cisgender female students who allege that the policy disproportionally disadvantages cisgender girls as compared to boys"

"Like the district court, we are unpersuaded, with respect to the claim for an injunction to alter the records, that Plaintiffs have established the injury in fact and redressability requirements for standing; both fail for reasons of speculation. And because we conclude that the CIAC and its member schools had notice to the contrary -- Plaintiffs' claims for damages must be dismissed.

"Accordingly, we AFFIRM the district court's dismissal of Plaintiffs' claims against the CIAC and its member high schools."

Doc 241 - Opinion

12/04/2022

Tomorrow, Monday December 5, the Supreme Court will hear arguments in 303 Creative v. Elenis in which website designer Lorie Smith is seeking an exemption from Colorado's nondiscrimination law, allowing her to refuse to make wedding websites for same-s*x couples.

Listen to the argument live, beginning at 10 am Eastern Time at this link: https://www.supremecourt.gov/oral_arguments/live.aspx

While the designer's refusal was based on religious objections, the Supreme Court has limited the case to her free speech claim: "Whether applying a public accommodations law to compel an artist to speak or stay silent violates the Free Speech Clause of the First Amendment."

Arguing:
• KRISTEN K. WAGGONER, ADF, for Lorie Smith & 303 Creative, LLC (35 minutes)
• ERIC R. OLSON, Colorado Solicitor General, for the State of Colorado (20 minutes)
• BRIAN H. FLETCHER, Deputy Solicitor General, for the United States arguing in favor of the State of Colorado (15 minutes)

Briefs in the case are available from the Supreme Court's docket, linked below.

11/22/2022

Hecox v. Little (Challenging Idaho law banning transgender women and girls from participating in women's sports)

The 9th Circuit will hear arguments today at 2PM Pacific Time on the preliminary injunction blocking the Idaho law from taking effect. Video livestream will be available at the link below. The archive of the argument will be a different link, and we'll post that when it becomes available.

This is the 2nd time this panel has heard argument in the case. In June of last year (following the May, 2021 argument), the appeals court sent the case back to the district court to determine whether the case was moot. The district court ruled Hecox's claim is not moot, the 9th Circuit ordered supplemental briefing, and here we are again.

For court filings, see EQCF's docket:
• District Court: http://files.eqcf.org/cases/d-idaho-120-cv-00184-docket/
• 9th Circuit: http://files.eqcf.org/cases/9th-cir-20-35813-docket/