QUEER QUOTE: SCOTUS (finally!) Agrees To Decide Whether LGBT People Are Covered By Federal Civil Rights Laws

The Supreme Court finally has granted certiorari (agreed to hear and make a ruling in) for multiple cases of interest to LGBT citizens today. The question of whether Title VII of the 1964 Civil Rights Act which prohibits discrimination "because of sex" includes sexual orientation (and gender identity) has been an increasingly important one. I say finally also because this question had been pending at every Friday meeting of the Justices since January 2019.

The 2019 Williams Institute Moot Court competition in Sexual Orientation and Gender Identity Law  (in which I was a volunteer judge)  revolved around this very question as well as whether the "ministerial exception" prevented an employment discrimination lawsuit by a bisexual employee under Title VII.

There is a current split between circuit courts on the question of whether gay people are covered under the 1964 Civil Rights Act, and thus the U.S. Supreme Court agreed to decide this  question by consolidating Altitude Express v. Zarda and Bostock v. Clayton County, Georgia. In Zarda, the Second Circuit ruled that Altitude Express impermissibly discriminated on the basis of sexual orientation against Don Zarda, a sky-diving instructor (who was killed tragically in 2014 but the lawsuit has continued in his name by his surviving partner and family). Altitude Express's appeal of that ruling is being consolidated with an 11th Circuit ruling in Bostock which refused to do an en banc reconsideration of its holding that child welfare services coordinator working for Clayton County did not have a right to sue for sexual orientation discrimination and gender stereotyping.

Additionally, the Supreme Court also agreed to hear, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, a case of a transgender employee fired by a funeral home; the business is challenging the Equal Employment Opportunity Commission's decision that gender identity is covered under Title VII's sex discrimination ban. Today's Queer Quote is the issue in that case:

Whether Title VII prohibits discrimination against transgender people based on (1) their status as transgender or (2) sex stereotyping under Price Waterhouse v. Hopkins.

 Price Waterhouse is a longtime precedent case (from 1989) which prohibited discrimination on the basis of sex (gender) stereotyping, ruling that this is covered under Title VII.

Presumably these will be some of the most significant cases of the 2019-2020 Supreme Court term, and be released as decisions in June 2020, right in the thick of the 2020 presidential campaign is heating up (hopefully both nominees will  be known by then).

The doubt over whether LGBT people are protected by federal law against invidious  discrimination based in sexual orientation and gender identity is why the Equality Act was introduced into Congress earlier this year.

Hat/tip to SCOTUSblog

Hate Don't P(l)ay: North Carolina Loses 2017 NBA All-Star Game Over Anti-LGBT #HB2 Law

Well, well! The backlash over North Carolina's discriminatory HB2 continues to build, as today the National Basketball Association announcing a decision to move the 2017 All-Star Game out of Charlotte, North Carolina because that hateful law is still in effect in the Tarheel State.

The NBA released a statement:

"The NBA has decided to relocate the 2017 All-Star Game from Charlotte with the hope of rescheduling for 2019.
"Since March, when North Carolina enacted HB2 and the issue of legal protections for the LGBT community in Charlotte became prominent, the NBA and the Charlotte Hornets have been working diligently to foster constructive dialogue and try to effect positive change. We have been guided in these discussions by the long-standing core values of our league. These include not only diversity, inclusion, fairness and respect for others but also the willingness to listen and consider opposing points of view.
"Our week-long schedule of All-Star events and activities is intended to be a global celebration of basketball, our league, and the values for which we stand, and to bring together all members of the NBA community -- current and former players, league and team officials, business partners, and fans. While we recognize that the NBA cannot choose the law in every city, state, and country in which we do business, we do not believe we can successfully host our All-Star festivities in Charlotte in the climate created by HB2.
"We are particularly mindful of the impact of this decision on our fans in North Carolina, who are among the most passionate in our league. It is also important to stress that the City of Charlotte and the Hornets organization have sought to provide an inclusive environment and that the Hornets will continue to ensure that all patrons -- including members of the LGBT community -- feel welcome while attending games and events in their arena.
"We look forward to re-starting plans for our All-Star festivities in Charlotte for 2019 provided there is an appropriate resolution to this matter.
"The NBA will make an announcement on the new location of the 2017 NBA All-Star Game in the coming weeks."

Let's hear it for the good guys!

Hopefully the NBA moves the game (and its estimated $100 million in economic impact!) to a city and state with LGBT protection.s New Orleans, which appears to be the top contender, is in Louisiana which has no statewide ordinance banning LGBT discrimination.

Meanwhile North Carolina has two years to get its %*%#@ together and Repeal HB2!

QUEER QUOTE: NC Gov Signs Exec Order To Try To Stem Backlash Against Anti-LGBT Law

Republican Governor Pat McCrory of North Carolina is attempting to mitigate the severe backlash that his state has received since he signed into law HB-2, a bill that explicitly discriminates against GBT citizens. On Tuesday he announced that he was issuing an executive order to prohibit discrimination in state employment on the basis of sexual orientation and gender identity. But this does not make up for specific ways that the original bill will damage and harm LGBT citizens in North Carolina.

Today's Queer Quote is from Lambda Legal's response to McCrory's action:

The devastating blow of HB 2 will not be fixed by the band-aid of an executive order. While this is an improvement for the state employees it impacts, HB 2’s reach goes far beyond what the executive order addresses and that’s why we are challenging this extreme and discriminatory measure—in order to ensure that everyone who lives in and visits North Carolina is protected under the law. 

HB 2 is an attack on fairness in employment, education, and local governance that encourages discrimination against thousands of LGBT people who call North Carolina home, and it particularly targets transgender people.

Sorry, Governor. When even your state's Attorney General won't defend your hate measure in court because they think it is flagrantly unconstitutional and you're trying to fix the measure with executive order, don't you think you should just admit you made a mistake and #repealHB2?

QUEER QUOTE: Governor Deal Vetoes Anti-LGBT "License To Discriminate" Bill

The governor of Georgia announced on Monday that he would be vetoing HB 757, what LGBT groups call a "license to discriminate" bill but which its sponsors and supporters refer to a "religious freedom" bill. His veto message is today's Queer Quote:

In light of our history, I find it ironic that today some in the religious community feel it necessary to ask the government to confer upon them certain rights and protections. If indeed our religious liberty is conferred by God and not by man-made government, we should heed the “hands-off” admonition of the First Amendment to our Constitution. When legislative bodies attempt to do otherwise, the inclusions and omissions in their statutes can lead to discrimination, even though it may be unintentional. That is too great a risk to take. 

Some of those in the religious community who support this bill have resorted to insults that question my moral convictions and my character. Some within the business community who oppose this bill have resorted to threats of withdrawing jobs from our state. I do not respond well to insults or threats. The people of Georgia deserve a leader who will make sound judgments based on solid reasons that are not inflamed by emotion. That is what I intend to do. 

As I've said before, I do not think we have to discriminate against anyone to protect the faith-based community in Georgia of which my family and I are a part of for all of our lives. Our actions on HB 757 are not just about protecting the faith-based community or providing a business-friendly climate for job growth in Georgia. This is about the character of our State and the character of its people. Georgia is a welcoming state filled with warm, friendly and loving people. Our cities and countryside are populated with people who worship God in a myriad of ways and in very diverse settings. Our people work side-by-side without regard to the color of our skin, or the religion we adhere to. We are working to make life better for our families and our communities. That is the character of Georgia. I intend to do my part to keep it that way.

This is great news but it doesn't change the fact that Georgia has no law prohibiting discrimination on the basis of sexual orientation and gender identity.