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 v. 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, e 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 e 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 aqui.

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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.

Governo Trump começa a impor proibição de entrada de transgêneros no exército em meio a desafios legais contínuos

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GLAD diz: “O fato de o governo Trump ter pressionado tanto para que fosse permitida a implementação dessa proibição infundada, imoral e antiamericana é nada menos que vergonhoso.”

A NCLR afirma: “Um país que vira as costas aos indivíduos que estão dispostos a fazer o sacrifício máximo para defendê-lo perdeu o seu rumo moral”.

WASHINGTON, DC — O Departamento de Defesa começou a aplicar hoje a proibição militar de pessoas transgênero do governo Trump, enquanto quatro processos judiciais contestando a política discriminatória continuam nos tribunais.

Advogados da GLBTQ Legal Advocates & Defenders (GLAD) e do National Center for Lesbian Rights (NCLR), que representam militares da ativa, estudantes do ROTC e programas de academias militares, e aspirantes a recrutas em dois casos, Doe v. Trump e Stockman x Trump, emitiu as seguintes declarações:

“Que a administração Trump tenha insistido tanto para que lhe fosse permitido implementar esta proibição infundada, imoral e antiamericana é nada menos do que vergonhoso”, disse Jennifer Levi, Diretora do Projeto de Direitos Transgêneros da GLAD. “O governo está enganando deliberadamente o público americano e os tribunais ao afirmar que, como pessoas transgênero que suprimem ou ocultam sua condição transgênero podem servir, a política não é uma proibição. Mas não há dúvida: assim como a política "Não Pergunte, Não Conte" proibia militares gays e lésbicas, esta também proíbe tropas transgênero. A partir de hoje e até que essa política seja revogada, pessoas transgênero estão proibidas de servir, independentemente de suas qualificações e capacidade de atender aos padrões militares. Já estamos vendo os danos que essa política discriminatória está causando, não apenas aos militares transgêneros e suas famílias, mas também às próprias forças armadas.”

“Um país que vira as costas aos indivíduos que estão dispostos a fazer o sacrifício máximo para defendê-lo perdeu o seu rumo moral”, disse Shannon Minter, Diretora Jurídica da NCLRA partir de hoje, qualquer militar que se declare transgênero correrá o risco de ser dispensado simplesmente por ser quem é. E, num momento em que todos os ramos das Forças Armadas lutam para atingir suas metas de recrutamento, serão forçados a rejeitar indivíduos qualificados que desejam apenas contribuir com seus talentos, suas habilidades e, se necessário, suas vidas para servir. Como muitos oficiais militares de alto escalão reconheceram, não há justificativa para essa proibição, que foi imposta às Forças Armadas pelo Presidente Trump por razões políticas, não militares. À medida que continuamos a combater essa política discriminatória nos tribunais, também apelamos ao Congresso para que faça a sua parte para pôr fim a ela o mais rápido possível.

NCLR e GLAD estão no centro da luta legal que desafia a proibição militar de transgêneros de Trump e Pence desde o registro Doe v. Trump, o primeiro de quatro processos movidos contra a proibição, em 9 de agosto de 2017.

Pesquisas recentes de Reuters e Quinnipiac mostraram que 60% ou mais de americanos concordam que indivíduos transgêneros que atendem aos padrões militares devem poder servir abertamente.

Para obter mais informações sobre o cronograma legal e os desenvolvimentos em andamento nos processos judiciais que contestam a proibição, visite 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 v. 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 apresentação 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 v. Trump: D.C. Circuit Issues Additional Opinions in Transgender Military Ban Case

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Today the D.C. Circuit Court of Appeals issued opinions from two judges in Doe v. Trump following the court’s January 4 unsigned order regarding the nationwide preliminary injunction that has been blocking Trump’s transgender military ban since October, 2017.

Statement from Jennifer Levi, Transgender Rights Project Director of GLBTQ Legal Advocates & Defenders (GLAD):

The opinions released today from Judge Williams and Judge Wilkins reflect the sharp disagreement among the panel about the basic legal framework governing this case.

Judge Williams would give the government carte blanche to enforce any military policy it deems fit – even one that singles out a group of people for discriminatory treatment. We respectfully disagree.

Judge Wilkins’ opinion, on the other hand, acknowledges the hardship the proposed military policy creates for transgender service members, and says plaintiffs must be given the chance to submit evidence to show that the Mattis plan does not pass constitutional muster.

The bottom line here is that the court’s January 4 ruling that the district court gave insufficient weight to the new circumstances in the case, including the issuance of the March 2018 Mattis Plan, was narrow.

The plaintiffs have 21 days to file for rehearing by the full D.C. Circuit bench, and we are considering our options thoroughly. For now, the nationwide injunction prohibiting the ban from going into effect remains in place.

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 v. Trump e Stockman x 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, Diretora do Projeto de Direitos Transgêneros do GLAD. “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 Diretora Jurídica da NCLR, Shannon Minter. “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 x 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 v. Trump, o primeiro de quatro processos movidos contra a proibição, em 9 de agosto de 2017.

For more information, go to NCLR and GLAD’s website outlining the history and status of the Trump-Pence transgender military ban https://notransmilitaryban.org/.

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Por meio de litígios estratégicos, defesa de políticas públicas e educação, Advogados e defensores jurídicos GLBTQ works in New England and nationally to create a just society free of discrimination based on gender identity and expression, HIV status, and sexual orientation. www.GLAD.org

Centro Nacional para os Direitos Lésbicos (NCLR) was the first national LGBTQ legal organization founded by women and brings a fierce, longstanding commitment to racial and economic justice and our community’s most vulnerable. Since 1977, NCLR has been at the forefront of advancing the civil and human rights of LGBTQ people and their families through impact litigation, public policy, and public education. Decades ago, NCLR launched the first LGBTQ Immigration Project, Transgender Rights Project, Youth Project, Elder Law Project, and began working to end conversion therapy through what is now the Born Perfect campaign. www.nclrights.org

Igualdade Califórnia é a maior organização estadual de direitos civis LGBTQIA+ do país. Levamos as vozes de pessoas LGBTQIA+ e aliados a instituições de poder na Califórnia e em todos os Estados Unidos, buscando criar um mundo saudável, justo e totalmente igualitário para todas as pessoas LGBTQIA+. Promovemos os direitos civis e a justiça social inspirando, defendendo e mobilizando por meio de um movimento inclusivo que trabalha incansavelmente em prol daqueles a quem servimos. www.EQCA.org