Updates | The Week of September 18, 2017
The Department of Defense issued guidance that transgender troops currently serving in the military can re-enlist; Senator McCain continues to oppose President Trump's ban on transgender service members. President Trump's judicial nominees believe LGBT rights should be rolled back.
Updates | The Week of August 14, 2017
The Pentagon has not yet banned transgender service members in the military. There is now a Circuit split on the issue of whether Title VII covers discrimination on the basis of sexual orientation.
Updates | The Week of August 7, 2017
The Trump Administration's proposed ban on transgender military service is not supported by science, and has drawn legal challenges from LGBTQ rights groups and service members.
Updates | The Week of July 31, 2017
The DOJ filed an amicus brief in the Second Circuit arguing that Title VII does not prohibit discrimination on the basis of sexual orientation. Commentary continued on President Trump's transgender military service ban.
Neo-Nazis, Wedding Cakes, and Compelled Speech
Here I explore the interests asserted by GoDaddy and Google in denying service to neo-Nazis and their ilk. I then consider implications of my analysis for the pending Supreme Court case of Masterpiece Cake Shop v. Colorado Civil Rights Comm'n.
Andrew Sullivan Is Wrong About Public-Accommodations Law
Andrew Sullivan recently criticized gay people who seek to obtain services from those with religious objections to serving them. But Sullivan's criticism fundamentally misunderstands the basic purpose of public accommodations laws and should be rejected.
Domestic Adherence to the Gender Binary
Three former Surgeons General have called for an end to involuntary medical procedures on intersex babies and children. U.S. immigration law sheds light on why this is such an important development.
Trump's Hostility to LGBT Rights is Now Unmistakable
Several years ago the assertion that Title VII does not prohibit sexual orientation discrimination might have been seen as merely cautious; today it can only be apprehended as reactionary and bigoted
A Lurking Threat to LGBT Rights & Religious Freedom
Today, the Fifth Circuit hears argument in a major case about the future of religious liberty and LGBT rights. The law under review, HB 1523, is flagrantly unconstitutional. And the result of this appeal may profoundly influence Trump's still-evolving policies.
Some Notes On The Latest “Ban”
There are some notable similarities between the President's announcement that transgender individuals would be banned from military service, and the ban(s) on entry from several Muslim majority countries.
Information Wars Part I: The Challenge To The Census
The Trump administration has enacted several policies to conceal, subvert, or manipulate information. It has retracted a proposal to add LGBTQ identification to the U.S. census and eliminated LGBTQ identification from HHS surveys. These policies and others attempt to deny the existence of a problem by disappearing the (inconvenient) facts.
The Attack on American Cities
Trump's anti-urban rhetoric has fanned the flames of a war by state governments against progressive cities. We see this in battles over sanctuary cities, LGBT rights, gun regulation, employee rights. The time has come for a campaign on behalf of city power.
The Transgender Ban is Facially Unconstitutional
Such a blanket prohibition, tweeted out in advance of the Pentagon completing a policy review, is so lacking in credibility that its only motivation seems to be animus towards transgender people.
Deep Problems with the Proposed Executive Order on Religious Freedom
It's rumored that tomorrow, Trump will issue an executive order on "religious freedom," singling out for protection only traditional and conservative religious views on sex, marriage, sexual orientation, gender identity, and pregnancy. That order will most certainly raise grave constitutional issues under the Establishment Clause.
A Landmark Victory for LGBT Rights (And The Path Ahead)
The en banc Seventh Circuit has held that Title VII protects against sexual orientation discrimination. SCOTUS is likely to grant review of this important issue in the near future. But it remains unclear what position the Trump Administration will take.
Versus Trump Podcast: G.G. Case + Patti Goldman
On a new episode of Versus Trump, Take Care's podcast, we discuss the status of G.G. v. Gloucester County School Board, a major case about transgender rights, and then speak with Patti Goldman of Earthjustice about an important lawsuit that her organization has filed.
Fifth Circuit Ruling Threatens LGBT Rights & Religious Freedom
The Fifth Circuit his reversed a preliminary injunction against HB 1523, Mississippi's unusual anti-LGBT "religious freedom" law. Its reasoning is incorrect and at odds with precedent. En banc review is warranted to establish uniformity in the law and vindicate important constitutional principles.
Mitch Landrieu and the Anti-Denigration Constitution
Mitch Landrieu’s speech defending the removal of Confederate war monuments in the heart of New Orleans is an eloquent reminder that the Constitution forbids acts that subordinate or denigrate, whether in the context of religion, LGBT rights, or racial equality.
Updates | The Week of July 17, 2017
President Trump's judicial nominees raise serious concerns for LGBT advocates, and AG Sessions may prove unwilling to defend LGBT rights.
Updates | The Week of April 17, 2017
The New York Times argued that the federal courts will be the last resort for LGBT progress during this Administration. Meanwhile, the Human Rights Campaign argued the Administration should stand against the Chechen human rights abuses toward gay men.
Updates | The Week of June 12, 2017
The Department of Commerce has excluded sexual orientation and gender identity from its 2017 Equal Employment Opportunity statement.
Updates | The Week of May 29, 2017
Federal courts ruled this week that transgender rights are protected under Title IX and under the Americans with Disabilities Act. Meanwhile, President Trump remained silent on the violence targeted at gay men in Chechnya, even as the new French president spoke out strongly in meetings and a news conference with Vladimir Putin.
Updates | The Week of May 8, 2017
Critics of anti-discrimination laws regarding public accommodations misunderstand the overarching purpose of those laws. Further, the decision not to collect LGBT census data could be a missed opportunity for improving the lives of LGBT Americans.
Updates | The Week of June 5, 2017
Secretary of Education Betsy Devos refuses to answer whether her department will refuse federal funding to private schools that discriminate against LGBT students.
Updates | The Week of March 27, 2017
A potential executive order addressing religious freedom has surfaced, and Ira Lupu and Robert Tuttle argue that it has profound constitutional infirmities. President Trump's appointment of Roger Servino within the Department of Health and Human Services has drawn criticism from LGBTQ groups.
Updates | The Week of July 3, 2017
President Trump’s nominee to head the Civil Rights Division of DOJ has come under criticism for his record on LGBT rights and defense of workplace discrimination policies.
Updates | The Week of April 24, 2017
The nominee for Army Secretary has a strong anti-LGBTQ track record, and President Trump has targeted national monuments, including the Stonewall Inn.
Updates | The Week of August 21, 2017
Lambda Legal is suing the Trump administration to release documents related to the reversal of the administrative guidance that permits transgender students to use the bathroom corresponding with their gender identity.
Updates | The Week of April 3, 2017
The Seventh Circuit broadened workplace rights for LGBT employees in an en banc decision. Take Care featured analysis from Joshua Matz. President Trump's proposed budget would cut tens of millions of dollars in HIV research and prevention.
Updates | Week of March 20, 2017
The Trump Administration has made a damaging turnabout on gay rights, and LGBT communities fear an absence of hate crime prosecutions under Attorney General Jeff Sessions.
Updates | The Week of April 10, 2017
This week, President Trump prompted outrage with his appointment of two men with a history of discriminatory statements against LGBT people.
Updates | The Week of May 1, 2017
The administration's newest executive order and the decision to roll back Affordable Care Act regulations may increase LGBT discrimination.