Title VII Bans Discrimination Based on Sexual Orientation

7/11/19  //  Commentary

This conclusion follows directly from the statutory text and a brief glance at some dictionaries. Judges who have concluded otherwise based their analysis on faulty premises.

Joshua Matz

Publisher

Objections to Protecting Transgender People Under Title VII Are Meritless

7/10/19  //  Commentary

In this post, I address three of the most frequent objections to holding that Title VII prohibits discrimination based on transgender status

Joshua Matz

Publisher

Two Reasons Why Title VII Bans Discrimination Based on Transgender Status

7/9/19  //  Commentary

Discriminating against an employee because they are transgender violates Title VII in two distinct respects

Joshua Matz

Publisher

The Plain Meaning of Title VII

7/8/19  //  Commentary

According to Justice Kagan, we're all textualists now. What exactly does that mean as we interpret Title VII's ban on discrimination 'because of such individual's . . . sex'?

Joshua Matz

Publisher

Versus Trump: A Ninth Circuit Compromise

6/20/19  //  Commentary

This week on Versus Trump, Jason and Charlie discuss the Ninth's Circuit's recent somewhat cryptic, compromise decision regarding the ban on service by transgender individuals in the military. Listen now!

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

A Landmark (But Qualified) Victory for Transgender Rights

6/14/19  //  Quick Reactions

The Ninth Circuit's decision regarding the 'trans ban' has broad implications and marks a vital development in protecting transgender rights under the U.S. Constitution.

Joshua Matz

Publisher

Disestablishing the Mother

5/20/19  //  In-Depth Analysis

Artificial reproductive technology might disestablish the traditional ideas of maternity on which abortion law and discourse rests

Courtney Cahill

FSU College of Law

Repackaging Discrimination

4/1/19  //  In-Depth Analysis

The Trump administration (with some success) is making an argument to justify discrimination against transgender persons that would roll back some of the protections against other forms of discrimination as well.

Leah Litman

Michigan Law School

Hetali Lodaya

Michigan Law School

Masterpiece Cakeshop & Proof of Religious Hostility in Civil Rights Enforcement

3/14/19  //  In-Depth Analysis

The Supreme Court's decision in Masterpiece Cakeshop offers no warrant for a rampant free exercise exceptionalism, in which the normal rules of constitutional law are suspended or inverted

Joshua Matz

Publisher

Versus Trump: Is The State Department Discriminating Against Same-Sex Marriages?

2/28/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie, Jason, and Easha discuss a decision from a federal court in Los Angeles ordering the Trump Administration to grant citizenship to both children of a same-sex couple born abroad to one U.S. parent. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Forced Classification, Biological Determinism, and Sad Chapters from Our Nation’s History

10/31/18  //  Commentary

In rigidly classifying people based on theories of biological determinism, we ignore history at our own peril

Versus Trump: Trump Versus Facebook

8/23/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about an unusual and surprising case where the Trump Administration has filed a brief in support of fair housing advocates who have sued Facebook for its part in enabling discriminatory advertising. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Justice Gorsuch, Kippahs, and False Analogies in Masterpiece Cakeshop

6/19/18  //  In-Depth Analysis

The Court’s newest member embraces a troubling “both sides” argument

Jim Oleske

Lewis & Clark Law School

Masterpiece Cakeshop and Protecting Both Sides

6/15/18  //  In-Depth Analysis

By Thomas C. Berg & Douglas Laycock: The classic American response to deep conflicts like that between gay rights and traditional religious faith is to protect the liberty of both sides

Take Care

What About the Free Speech Clause Issue in Masterpiece?

6/13/18  //  Commentary

Robert Post of Yale Law considers the status of free speech objections to serving same-sex couples in light of the Court's opinion.

Robert Post

Yale Law School