Supreme Court to Decide Whether LGBTQ Americans are Protected by Title VII

The Supreme Court agreed today to hear three cases testing the reach of Title VII of the federal Civil Rights Act in protecting LGBTQ Americans from discrimination in employment.

GLBTQ Legal Advocates & Defenders (GLAD) has worked to develop and advance legal arguments that both sexual orientation and gender identity discrimination come within the coverage of “sex” discrimination under Title VII, as in its 2017 case Cote c. Walmart, which resulted in the largest ever class action settlement on behalf of LGBTQ employees.

GLAD Civil Rights Project Director Mary L. Bonauto issued the following statement:

“The cases that were granted cert today could determine if vital federal workplace protections are affirmed, or are stripped away from millions of LGBTQ people across the country.

“More and more courts as well as thousands of businesses nationally have agreed on the common-sense connection between sexual orientation or gender identity discrimination and sex discrimination. Now the Supreme Court has the chance to clarify this common-sense interpretation explicitly and definitively.

“No one should be at risk of being fired simply because of who they are or who they love. Discrimination in the workplace contributes to higher rates of unemployment and poverty among LGBTQ people, particularly LGBTQ people of color. Nondiscrimination protections are essential to addressing this inequity.

As we continue to work for explicit, comprehensive nondiscrimination statutes protecting LGBTQ people in every area of life, we hope the Supreme Court will take this opportunity to affirm that discrimination against workers because of their identity violates Title VII, is un-American and is simply wrong.”

The cases that will be heard are Altitude Express v. Zarda, Bostock v. Clay County, Georgia, et R.G. & G.R. Harris Funeral Homes v. EEOC and Aimee Stephens.

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LGBTQ families come in many configurations. All of them are worthy of recognition, respect, and protection, especially where children are concerned. Neither financial resources nor the manner in which a family is formed should be a barrier to legal security for kids and parents.

Major gaps remain, however – even in New England – in ensuring that LGBTQ families have easy, equal, and affordable access to parentage protections and particularly gaps in protections for non-biological, unmarried parents.

“We’re pushing policy makers and the courts to catch up with the reality of LGBTQ lives,” says Senior Staff Attorney Polly Crozier. “Our community forms families in many different ways: through marriage, adoption, assisted reproduction, surrogacy. We’re helping core societal institutions catch up with these realities so that people can be secure in their families and be there for each other and depend on each other in every way.”

We’re making meaningful progress on several fronts.

GLAD is currently collaborating to pass comprehensive parentage reform bills in Massachusetts et Rhode Island. The proposed bills are modeled on legislation we worked to pass in Vermont and Maine to ensure that all families–including LGBTQ families–are treated fairly no matter how they are formed.

This legislation spells out clearly who can be a parent, how parentage is established, ensures that state parentage law is fair for LGBTQ families, and gives courts a way to resolve conflicts in parentage, among other provisions. Although the bills are tailored to the needs of each state, a key provision of each is expanding access to a Voluntary Acknowledgement of Parentage (VAP). VAPs are an easily accessible administrative route to establish legal parentage at birth and have both parents listed on a child’s birth certificate. Each state must have a VAP process, and VAPs are accorded full faith and credit throughout the country.

VAPs have been a critical advance for LGBTQ families, and GLAD has been at the forefront of advocating for access to this route to parentage. For instance, in Massachusetts, which has long been a leader in recognizing and protecting our families, same-sex couples could not use VAPs to establish parentage until last August, after GLAD intervened on behalf of two unmarried same-sex couples with children. In both instances, the non-biological mothers had been told by hospital staff that they could not sign VAPs because the paperwork was restricted to opposite-sex couples only as a means of establishing paternity. Following GLAD’s advocacy, the state has updated its VAP forms so that they are now inclusive of all parents.

This is the type of advocacy GLAD will continue to do alongside local lawyers, families, and other advocates to educate lawmakers on these key LGBTQ family protections. We can’t say when these bills will pass, but we’re making sure they are central to conversations about our lives and the law in New England.

Separate from the parentage reform proposals, we are also working to pass bills in Massachusetts and Rhode Island to streamline the co-parent adoption process, which can be expensive, burdensome and inconsistent. GLAD is working with our partners to make it clearer and easier for families to complete co-parent adoptions, particularly in Rhode Island, where courts continue to require home studies and notice to sperm donors – onerous and patently unfair conditions when parents are adopting their own children.

“Family law issues are core to LGBTQ rights, whether we’re talking about equal access to marriage or vital protections for children of LGBTQ parents. GLAD has always led on family law matters, and I’m proud that GLAD continues to be on the forefront of securing such important protections for all families.”

This post comes from the Spring 2019 issue of GLADBriefs, which can be found in entirety ici.

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Today’s event, Day of Silence, is a student-led action to spread awareness about the impact of bullying on LGBTQ youth. By taking a vow of silence, young people embody the erasure and exclusion that many LGBTQ students experience on a daily basis. LGBTQ students face verbal, physical and sexual harassment in higher rates than the general student population. For so many, school is and feels unsafe.

The Massachusetts LGBTQ Youth Commission just issued its annual report and recommendations and the data are stunning. LGBTQ students face almost two times the risk of bullying at school and face over three times the risk of self-harm and suicide then their non-LGBTQ peers.

We all must act to change our schools and make them more inclusive and supportive.

On this Day of Silence, we can take steps to support our youth and send them a clear message — we see you, we value you, and we will fight with you to make schools safer.

I want to suggest two concrete actions we can all take.

First, advocate for policies in schools and school districts that comprehensively affirm and protect LGBTQ students, particularly transgender students. Throughout New England, where GLAD works closely on school issues, the law is clear that schools cannot discriminate on the basis of sexual orientation and gender identity. But each school district and each school should translate those legal protections into a clear policy that is disseminated throughout the community of students, parents, guardians, faculty, staff and administrators to ensure that those legal protections are understood and implemented in our schools. Policies such as the transgender and gender expansive student policy implemented in Portland, Maine, in late 2017 show how districts can affirm and support students through clear, common-sense policies.

Second, work to change state laws about what our youth learn in schools. Having LGBTQ history and experience incorporated into curricula and ensuring that reproductive and sexual health education are affirming are important to creating inclusive environments for all youth in schools. Now pending in Massachusetts, the Healthy Youth Act (H. 410) would ensure that Massachusetts schools with sexual health education classes include affirmative recognition and support for diverse sexual orientations and gender identities. Incorporating these conversations into classes, affirming queer identities in a positive way, and deconstructing societal and media messages are all effective ways to normalize diversity within sexuality and health.

On this Day of Silence, we can take these steps to support our youth and send them a clear message — we see you, we value you, and we will fight with you to make schools safer.

Trump Administration Begins Enforcing Its Transgender Military Ban Amid Ongoing Legal Challenges

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GLAD says, “That the Trump administration has pushed so hard to be allowed to implement this baseless, immoral and un-American ban is nothing short of shameful.”

NCLR says, “A country that turns its back on the very individuals who are willing to make the ultimate sacrifice to defend it has lost its moral bearings”

WASHINGTON, D.C.—The Department of Defense began enforcing the Trump administration’s transgender military ban today, as four legal cases challenging the discriminatory policy continue in the courts.

Attorneys from GLBTQ Legal Advocates & Defenders (GLAD) and the National Center for Lesbian Rights (NCLR), who represent active servicemembers, students in ROTC and military academy programs, and aspiring recruits in two cases, Doe c. Trump et Stockman contre Trump, a publié les déclarations suivantes :

“That the Trump administration has pushed so hard to be allowed to implement this baseless, immoral and un-American ban is nothing short of shameful,” said Jennifer Levi, directrice du projet GLAD sur les droits des transgenres. “The administration is deliberately misleading the American public and the courts by saying that because transgender people who suppress or hide their transgender status can serve, the policy is not a ban. But there is no doubt: just as Don’t Ask Don’t Tell was a ban on gay and lesbian service members, this is a ban on transgender troops. As of today and until this policy is overturned, transgender people are barred from service, regardless of their qualifications and ability to meet military standards. We are already seeing the damage this discriminatory policy is wreaking, not only on transgender service members and their families, but on the military itself.”

“A country that turns its back on the very individuals who are willing to make the ultimate sacrifice to defend it has lost its moral bearings,” said Shannon Minter, directrice juridique du NCLR. “Starting today, any service member who comes out as transgender will face being discharged simply because of who they are. And at a moment when every single branch of the military is struggling to meet its recruitment goals, they will be forced to turn away qualified individuals who want nothing more than to contribute their talents, their skills, and if necessary their lives to serve. As many senior military officials have acknowledged, there is no justification for this ban, which was imposed on the military by President Trump for political, not military, reasons. As we continue to fight this discriminatory policy in the courts, we also call on Congress to do its part to put an end to it as quickly as possible.”

NCLR et GLAD sont au centre de la bataille juridique contestant l'interdiction militaire des transgenres de Trump-Pence depuis le dépôt de la plainte. Doe c. Trump, la première des quatre affaires déposées contre l'interdiction, le 9 août 2017.

Recent polls from Reuters et Quinnipiac have shown that 60% or more of Americans agree that transgender individuals who meet military standards should be able to serve openly.

For more information on the legal timeline and ongoing developments in the legal cases challenging the ban, please visit notransmilitaryban.org.

Rally to #FightTheBan in DC!

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On April 12, 2019, the Trump administration’s discriminatory ban against transgender people serving in the military will go into effect.

Join current and former trans service members, members of Congress, and trans leaders as we call on Congress to pass legislation to stop this harmful ban once and for all.

RSVP here.

GLAD, NCLR on Appeals Court Order Granting Govt’s Motion to Dissolve Injunction in Trans Military Ban Case

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The court of appeals granted the government’s request to issue the mandate, which means the injunction is dissolved, and that, at the moment, there is no legal barrier to the government’s intended plan to start enforcing the transgender military ban on April 12.

We are concerned by the serious harms that the imminent enforcement of the ban is already causing, both to the military and to transgender service members, many of whom are now scrambling to come out and initiate a gender transition before the April 12 deadline in order to be included in the so-called “grandfather” provision. The government’s plan is already wreaking havoc in the lives of dedicated transgender troops who must now face the grim choice of suppressing their identity or leaving military service, to the detriment of their fellow service members and national security.

Today’s ruling only drives home the urgency of continuing to fight this destructive policy, which we will continue to do in the district court.

Follow updates at notransmilitaryban.org

Reintroduction of the Equality Act

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Statement of Janson Wu, Executive Director of GLBTQ Legal Advocates & Defenders (GLAD)

Whether a person can get and keep a job, rent a home, or access fundamental services should not depend on who they are, who they love – or where they live. It surprises some people to know that millions of LGBTQ Americans still face daunting discrimination every day – in housing, employment, education, and in public accommodations. This is especially heightened for transgender individuals and LGBQ people of color, who are more likely to experience poverty and underemployment, as well as hate crimes and housing discrimination.

Despite great strides forward, the law is still unsettled in practical application from state to state, and no national law explicitly shields LGBTQ people from harm. That’s why we need the Equality Act, introduced today in Congress. It provides clear and consistent protection from discrimination for LGBTQ Americans.

Robust civil rights laws that seek to remedy historic and pervasive discrimination are what help us strive toward becoming a more perfect union. We are at our best when we move steadily toward greater inclusion.

We are grateful to lead sponsors Representative David Ciccilline (D-RI) and Senator Jeff Merkley (D-OR), as well as to the legislators from both sides of the aisle who have joined as co-sponsors of the Equality Act. We urge Congress to recognize that this is the year to pass this important non-discrimination legislation.

GLAD, NCLR on DOD Plan to Implement Trump’s Transgender Military Ban

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Move by Trump Administration Violates Court Orders While Injunction in One Lawsuit Against the Ban Remains in Place

Washington, D.C. – GLBTQ Legal Advocates & Defenders (GLAD) and the National Center for Lesbian Rights (NCLR) released the following statements in response to the Department of Defense’s release today of guidelines for implementing the ban on transgender military service:

Jennifer Levi, GLAD’s Transgender Rights Project director said: “Not only does the Trump-Pence transgender military ban violate the Constitution, but now the administration is also defying a court order. With brazen disregard for the judicial process, the Pentagon is prematurely and illegally rolling out a plan to implement the ban when a court injunction remains in place prohibiting them from doing so.

“In addition to being unlawful, moving forward with this ban is also deeply immoral and deeply insulting to the many transgender troops who are bravely serving their country. If permitted to go into effect, this ban will deprive our military of highly trained and skilled service members, weaken military readiness, and harm national security. Military leaders, medical experts, and the vast majority of the American public agree that our troops deserve gratitude and support, not a slap in the face based on bias and irrational fears.”

“We will continue our fight in the courts until the ban is permanently blocked, said Shannon Minter, NCLR legal director. “We also strongly support the bipartisan efforts of Congressional leaders to pass urgently needed legislation to protect transgender troops. We urge everyone who cares about the integrity of our military and the wellbeing of our troops to contact your representatives and tell them to support this legislation.”

Today’s announcement from DOD disregards the injunction issued by a federal district court in Doe c. Trump, which remains in effect. On January 4, the D.C. Circuit Court of Appeals issued an opinion vacating the injunction, but specifically holding that its decision would not become final until plaintiffs have an opportunity to seek rehearing by the entire D.C. Circuit, and until any such petition for rehearing is resolved. Therefore, the district court’s nationwide injunction prohibiting enforcement of the ban remains in effect and any move by the government to enforce the ban before that time is in violation of a federal court order.

Earlier today, GLAD and NCLR filed a bref in the D.C. district court opposing the administration’s stated intention to moving forward with implementing the ban.

For more information on the legal timeline and status of the Trump-Pence transgender military ban, please visit notransmilitaryban.org.

Doe contre Trump : le tribunal de district de Columbia rend des avis supplémentaires dans l'affaire de l'interdiction de l'armée pour les personnes transgenres

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Aujourd'hui, la Cour d'appel du circuit de DC a rendu les avis de deux juges dans l'affaire Doe contre Trump suite à l'ordonnance non signée du tribunal du 4 janvier concernant l'injonction préliminaire nationale qui bloque l'interdiction militaire des transgenres de Trump depuis octobre 2017.

Déclaration de Jennifer Levi, directrice du projet sur les droits des transgenres de GLBTQ Legal Advocates & Defenders (GLAD) :

Les avis rendus aujourd’hui par les juges Williams et Wilkins reflètent le profond désaccord au sein du panel sur le cadre juridique fondamental régissant cette affaire.

Le juge Williams donnerait carte blanche au gouvernement pour appliquer toute politique militaire qu'il juge appropriée, même celle qui vise à discriminer un groupe de personnes. Nous sommes respectueusement en désaccord.

L'opinion du juge Wilkins, en revanche, reconnaît les difficultés que la politique militaire proposée crée pour les militaires transgenres et affirme que les plaignants doivent avoir la possibilité de soumettre des preuves pour montrer que le plan Mattis ne passe pas le test constitutionnel.

En fin de compte, la décision du tribunal du 4 janvier selon laquelle le tribunal de district n’a pas accordé suffisamment de poids aux nouvelles circonstances de l’affaire, y compris la publication du plan Mattis de mars 2018, était étroite.

Les plaignants disposent de 21 jours pour déposer une demande de réexamen devant la Cour d'appel de Washington D.C., et nous étudions attentivement les options qui s'offrent à eux. Pour l'instant, l'injonction nationale interdisant l'entrée en vigueur de l'interdiction reste en vigueur.

Supreme Court Allows Challenges to Trump’s Transgender Military Ban to Continue in Lower Courts

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GLAD’s Jennifer Levi said: The Trump administration’s cruel obsession with ridding our military of dedicated and capable service members because they happen to be transgender defies reason and cannot survive legal review.

NCLR’s Shannon Minter said: Multiple federal courts have recognized that excluding qualified individuals simply because they are transgender is contrary to basic constitutional principles of equality and fairness.

Washington, D.C.—The Supreme Court today denied the Trump administration’s request that it hear legal challenges to Trump’s transgender military ban this term, allowing the cases to proceed in the lower courts. In a separate order, the Court allowed the ban to go into effect temporarily while the cases against it proceed.

Plaintiffs challenging the ban include transgender men and women serving in all branches of the military, including some who have completed multiple deployments overseas. Plaintiffs also include service academy and ROTC members, as well as individuals seeking to enlist. Equality California is an organizational plaintiff challenging the ban on behalf of its members. Attorneys from GLBTQ Legal Advocates & Defenders (GLAD) and National Center for Lesbian Rights (NCLR) represent plaintiffs in two cases challenging the ban, Doe c. Trump et Stockman contre Trump.

“In declining to hear these cases, the Supreme Court saw through the administration’s contrived efforts to gin up a national crisis.” said Jennifer Levi, directrice du projet GLAD sur les droits des transgenres. “Unfortunately, the Court’s stay of the lower courts’ preliminary orders means that courageous transgender service members will face discharges while challenges to the ban go forward. The Trump administration’s cruel obsession with ridding our military of dedicated and capable service members because they happen to be transgender defies reason and cannot survive legal review.”

“Our country owes a debt of gratitude to the thousands of transgender people serving in our armed forces,” said Shannon Minter, directrice juridique du NCLR. “Multiple federal courts have recognized that excluding qualified individuals simply because they are transgender is contrary to basic constitutional principles of equality and fairness. We are confident the courts will ultimately protect the integrity of our nation’s military and hold that transgender service members must be evaluated based on the same standards applied to all others, not barred from service based on a characteristic that has no relevance to their fitness to serve.”

President Trump first announced that he was banning military service by transgender people in July 2017, without consultation with military leadership. Before Trump ordered the ban, transgender people were permitted to serve under a policy that has now been in place for more than two and a half years.

“Thousands of brave transgender troops around the world are currently serving our nation with honor,” said Rick Zbur, Executive Director at Equality California, which brought Stockman contre Trump on behalf of its members. “Their patriotism and sacrifice should be celebrated, not cruelly dismissed by a president who clearly cares more about delivering on campaign promises than he does about our national security.”

“The Trump Administration’s glaring efforts to deny protections to patriotic Americans seeking to serve our great nation in uniform are just plain wrong,” said Attorney General Becerra. “We will continue to fight to protect the rights of all Americans despite this President’s disregard for equality and the rule of law. This is 2019, not 1920.”

NCLR and GLAD have been at the center of the legal fight challenging the Trump transgender military ban since filing Doe c. Trump, la première des quatre affaires déposées contre l'interdiction, le 9 août 2017.

Pour plus d'informations, consultez le site Web du NCLR et du GLAD décrivant l'historique et le statut de l'interdiction militaire des transgenres de Trump-Pence. https://notransmilitaryban.org/.

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Par le biais de litiges stratégiques, de défense des politiques publiques et d’éducation, Défenseurs juridiques et avocats GLBTQ travaille en Nouvelle-Angleterre et à l'échelle nationale pour créer une société juste, exempte de discrimination fondée sur l'identité et l'expression de genre, le statut VIH et l'orientation sexuelle. www.GLAD.org

Le Centre national pour les droits des lesbiennes (NCLR) Fondée par des femmes, la NCLR est la première organisation juridique nationale LGBTQ+. Elle s'engage résolument et de longue date en faveur de la justice raciale et économique et des plus vulnérables de notre communauté. Depuis 1977, elle est à l'avant-garde de la promotion des droits civiques et humains des personnes LGBTQ+ et de leurs familles, par le biais de litiges à impact, de politiques publiques et d'éducation du public. Il y a plusieurs décennies, elle a lancé les premiers projets d'immigration LGBTQ+, de droits des transgenres, de jeunesse et de droit des aînés, et a commencé à œuvrer pour mettre fin aux thérapies de conversion grâce à ce qui est aujourd'hui la campagne Born Perfect. www.nclrights.org

Égalité Californie est la plus grande organisation de défense des droits civiques LGBTQ du pays. Nous portons la voix des personnes LGBTQ et de leurs alliés auprès des institutions de pouvoir en Californie et aux États-Unis, et nous nous efforçons de créer un monde sain, juste et pleinement égalitaire pour toutes les personnes LGBTQ. Nous promouvons les droits civiques et la justice sociale en inspirant, en défendant et en mobilisant au sein d'un mouvement inclusif qui œuvre sans relâche pour ceux que nous servons. www.EQCA.org