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Jun 15, 2020 15 tweets 8 min read Read on X
LIVE NOW: Tune in to our Virtual Town Hall on FB Live to hear our expert lawyers @KarenLLoewy, @DianaKFlynn and @omargp discuss today's momentous Supreme Court opinion, moderated by @arielpoems!
#LGBTQ #DecisionDay
Watch here:
facebook.com/lambdalegal/po… Image
Ariel opens our discussion by naming the importance of how employment is a massive predictor of survival for LGBTQ people, particularly those who hold multiple marginalized identities. Black LGBTQ people, particularly Black trans women, are disproportionately denied employment.
.@omargp analyzes a macroscopic perspective of Title VII interpretations.

Cites Glenn v. Brumby. This ruling in 2011 found discrimination based on transgender status is sex discrimination.

lambdalegal.org/in-court/cases…
.@omargp cites several other cases.

All cases asked if these employees were covered by Title VII. We laid down a roadmap based in textualism to prove this.

Historically, when we were not named counsel, we joined as amici in cases w/@ACLU, @TransLawCenter, @GLADLaw & others.
Omar and Diana concur: The question presented here and solved in this case today was whether #TitleVII covers SOGI discrimination. That is decided.
.@KarenLLoewy names that we've seen the way SCOTUS has recognized the dignity of LGBTQ people increasingly over the last 2 decades, naming Lawrence, Obergefell, etc.

Now it is time for the court to stop looking at the atmospherics and dig into the real questions.
.@KarenLLoewy: You can't textually consider questions of sexual orientation and gender identity without considering sex. Sex is inherently a part of the calculus.

Discriminating against someone because they have a relationship with someone of the same sex is sex-related.
.@KarenLLoewy: There is something—as a lawyer—particularly gratifying when you have worked hard and provided the court with a roadmap, and the court has walked right down that road! #DecisionDay
Once again: When you treat someone differently because of the sex they were assigned at birth, that is inherently sex discrimination. #DecisionDay
.@DianaKFlynn: This is a fairly "little c" conservative decision, but it's important to recognize this is broadly applicable.

While the Court said they were expressly only deciding on Title VII, most statutes that prohibit sex discrimination prohibit it because of sex.
This is language that the Court looked at specifically. If you're deciding differently because of someone's sex, you've violated the law.

This will allow us to make strong arguments in virtually all federal rulings that concern discrimination "based on sex".
While we're absolutely thrilled about this ruling, it does not make it ANY less important to PASS the #EqualityAct!

That will shortcut a lot of this fight, and will guarantee the right to be free from sex discrimination in public accommodations, among other things.
.@omargp: Speaking to the health care rule announced on Friday, this creates a huge barrier.

The Trump admin/HHS has a bit of pie on their face. They said they would NOT wait for guidance from this decision. Whoops!

This puts wind in the sails of our fight against that rule.
.@DianaKFlynn: While it is true that SCOTUS has increasingly recognized the dignity of LGB people, this is notably the first time they have decided a transgender case on the merits, and publicly upheld the rights and dignity of transgender people. #DecisionDay
Congratulations to the entire #LGBTQ community. Take some time today to celebrate!

And if you want to help fund our invigorated fight against the health care rule announced Friday, drop us a couple bucks here: lambdalegal.org/donate

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More from @LambdaLegal

Dec 5, 2022
This morning, Oral Arguments were heard at the Supreme Court, where web design agency #303Creative is arguing countless businesses should have the right to refuse service to same-sex couples, & anyone whose identities they disagree with.

Here’s what you need to know. (1of6) Image
This case is about whether businesses generally open to the public may refuse to serve some customers based on personal objections to who they are, contrary to current civil rights law. (2of6)
If #SCOTUS rules in favor of web designer #303Creative it could provide a license to discriminate against #LGBTQ+ people. It likely would profoundly impact the civil liberties of not only #LGBTQ+ Americans, but ALL Americans. (3of6)
Read 6 tweets
Jun 29, 2022
On June 17, Florida proposed a rule that would prohibit Medicaid coverage for medically necessary gender-affirming care for trans youth and adults. Along with @SouthernLegal, @FLHealthJustice, @NHeLP_org, and @EqualityFlorida, we have launched protectFLtranshealth.org.
.@LambdaLegal, @SouthernLegal, @FLHealthJustice, and @NHeLP_org stand ready to defend the rights of transgender people in Florida, including the right to nondiscriminatory health care coverage.
If you or someone you know will be negatively affected by Florida’s proposed rule prohibiting Medicaid coverage for medically necessary gender-affirming care, we encourage you to share your story with us: lambdalegal.org/protecting-hea…
Read 4 tweets
Feb 25, 2022
Our fight for fair courts and equality for LGBTQ+ people & everyone living w/ HIV depends on having a #SCOTUS bench committed to justice for all.

We applaud @POTUS’ nomination of Judge Ketanji Brown Jackson and believe she will strengthen the Supreme Court.
In this historic moment, the stakes are incredibly high for the LGBTQ+ community, with lawmakers across the country relentlessly attacking trans youth. We released this statement on why we have confidence that Judge Jackson will be the fair and impartial justice we need. ⬇️
“The country as a whole is entitled to expect that justices … will recognize the importance of ensuring that historically excluded groups—like the LGBTQ+ community and people living with HIV—can have confidence that their rights will be fairly adjudicated in a court of law.”
Read 7 tweets
Feb 24, 2022
TX AG @KenPaxtonTX's opinion that gender-affirming care for trans youth is "child abuse" is not worth the paper it is written on. It’s not new law. It is beyond shameful for him & @GovAbbott to politicize the health of transgender youth for personal gain. lambdalegal.org/news/tx_202202…
We know this must be scary for caregivers to trans youth, and trans youth themselves. But we want to make it very clear that the law has not changed, and they are not alone. We are here to support parents, guardians, and the youth receiving the life-saving health care they need.
Although the AG’s nonbinding opinion should NOT interfere with medically necessary care, our Help Desk is ready to help anyone in TX navigate this situation. If you need resources or have an investigation opened against you, call our Help Desk. lambdalegal.com/helpdesk
Read 6 tweets
Dec 22, 2020
Today, w/our friends at @EqualityILL, we filed a brief in support of Meggan Sommerville, a trans woman & @HobbyLobby employee for more than 20 years who has been fighting to use the women’s facilities @ her job. She’s been fighting for almost 10 years.
bit.ly/3pecmEM
“Denying trans people the ability to use facilities that match their GIDs is not just dangerous … but an attempt to deny trans people full participation in society & render us invisible. Trans people exist; & we deserve to be treated w/dignity & respect.” -@AvataraSmithC 🔥🔥🔥
“Meggan Sommerville is a woman, full stop. Well-established state and federal law says so, but most importantly, Meggan Sommerville says so.” -@ethanboehmerice, Lambda Legal

That’s right! A little louder for the people in the back, Ethan! 🗣️
Read 5 tweets
Dec 21, 2020
#BREAKING: @LambdaLegal, @AthleteAlly, and @WomensSportsFdn filed an amicus brief on behalf of nearly 200 athletes in women’s sports including @BillieJeanKing and @mPinoe in support of trans youth and the @ACLU’s case challenging Idaho law banning trans girls from sports.

⬇️⬇️ Image
Lambda Legal attorney @oh_rarl said the athletes in the brief all, “recognize the value of inclusive and welcoming sports environments and firmly believe laws like H.B. 500 that single out groups of women and girls from participation in sports harm the entire athletic community.”
Read 4 tweets

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