#TheyLied Libel Lawsuit Over Ex-Student's Allegations of Rape Can Go Forward,
and so can the professor's Title VII and Title IX discrimination claims against the university.
Sex Discrimination
Federal Court Upholds Biological-Sex-Based Access Rule for School Restrooms
Federal courts continue to be split on this question.
No Preliminary Injunction Against Idaho Law Mandating Public School Students Use Bathrooms "That Correspond[] with Their Biological Sex"
The court had earlier issued a temporary restraining order against the law, to maintain the status quo; but now that it has gotten more full briefing, it declined to block the law (but also declined to dismiss the challenge to the law).
Title IX, Gender Identity, and the Consequences of Equity
Do the principles of Title IX in sports apply elsewhere?
Title IX: The New Shimmer of Statutes
It prohibits discrimination and mandates segregation.
Court Upholds Law Excluding Male-to-Female Transgender Athletes from Girls' Sports
"The state is permitted to legislate sports rules on this basis because sex, and the physical characteristics that flow from it, are substantially related to athletic performance and fairness in sports."
En Banc Eleventh Circuit Rejects Legal Challenge to School District's Bathroom Policy
The Appeals Panel Rejects a Trangender Student's Bid to Use Bathroom Corresponding to the Student's Gender Identity Instead of Biological Sex.
Senators Reach Bipartisan Deal to Pass Respect for Marriage Act Protecting Right to Same-Sex Marriage
The deal includes several amendments to the original draft legislation that are unlikely to have much substantive effect.
Ron DeSantis Oversteps His Authority by Suspending Tampa's Elected Prosecutor
Tampa top prosecutor Andrew Warren pledged to not prosecute women seeking abortions and those pursuing gender-affirming health care.
Florida Sued by Activists, Students, Parents, and Teachers Over LGBT School Censorship Bill
The vague wording of the bill has led to a culture war fight about what the text means, and that’s never good for the First Amendment.
Department of Education Prepares Rules Prohibiting School Discrimination Against Gay and Trans Students
It’s about a lot more than transgender girls’ participation in sports under Title IX, but expect that controversy to dominate the discussion.
"Women's Only Workout Spaces" in Connecticut Public Accommodations Are Illegal
The state law banning sex discrimination in public accommodations has no specific exemption for such spaces, and the Connecticut Supreme Court declines to read one into the law.
Sex Discrimination Lawsuit Over Alleged Wrongful Title IX Suspension Against UCLA Can Go Forward
“Particularly given the ultimate findings of Roe’s numerous fabrications, Mr. Zeck’s statement plausibly supports an inference that the Regents prejudged Roe’s allegations (and Doe’s defenses thereto) during its investigation on the basis of their respective genders.”
House Votes to Apply Mandatory Draft Registration to Women
A better way to end sex discrimination would be to simply abolish it for everyone.
20 States Sue Over Title IX Guidance on Gender Identity
Plus: Biden's Afghanistan speech, Texas abortion ban takes effect, Instagram's creepy new plan, and more...
Federal Judges Are Blocking State Anti-Trans Bills
Culture war bills signed into law in Arkansas, West Virginia, and Tennessee run afoul of Constitution, federal law.
Supreme Court Refuses to Consider Case Challenging Male-Only Draft Registration—but Suggests it Might Revisit the Issue in the Future
Three justices - including conservavtive Brett Kavanaugh - strongly suggested they believe male-only draft registration is unconstitutional.
Women-Only Workout Areas in Exercise Facilities
The Connecticut Supreme Court will be hearing a case on this next week.
Florida Supreme Court Rejects Race/Sex/Etc. Quotas in Continuing Legal Education Programs
[UPDATE: This might make American Bar Association CLE programs, for which the ABA requires such quotas, ineligible for Florida CLE credit.]
Lessons of the Legal and Political Struggle for Same-Sex Marriage
Drawn from William Eskridge and Christopher Riano's comprehensive new book on the subject.
Biden Threatens to Revive Kangaroo Courts in College Sexual Assault Cases
The president has ordered the Education Department to consider rescinding reforms aimed at protecting the due process rights of accused students.
Can "Retention Raises" for Faculty Constitute Employment Discrimination?
A Ninth Circuit decision that may be of particular interest to academics.
Strip Club Ban on Unaccompanied Women Spawns LGBT Rights Controversy
Plus: House votes on $2,000 stimulus checks, another win for Brooklyn churches challenging lockdown orders, and more...
Interesting New Title IX Sexual Assault Hearing / Sex Discrimination Opinion
"[P]laintiff has ... made a sufficient showing that defendant has threatened his academic future in violation of his rights to equal treatment regardless of his sex ...."
Amy Coney Barrett Condemns Purdue University's 'Fundamentally Unfair' Adjudication of Sexual Assault Claims
The opinion, which suggests a strong concern about due process, will nevertheless be cited as evidence of the SCOTUS nominee's "uniformly conservative" record.
Ruth Bader Ginsburg, RIP
The passing of a feminist heroine, and a giant of American jurisprudence.
Federal Court Strikes Down State Department Rule Denying Citizenship to Foreign-Born Children of Same-Sex Couples
The ruling was issued by a conservative Trump appointee.
Fifth Circuit Upholds Constitutionality of Male-Only Draft Registration—But only Based on Precedent
The issue may be headed for the Supreme Court, which hopefully will reverse its 1981 ruling in Rostker v. Goldberg.
After Dems Exaggerate Impact, Panicked Kids Are Suing Over Betsy DeVos Title IX Changes
Distorted partisan descriptions of the Department of Education changes could be doing real damage.
Supreme Court's LGBT Discrimination Ruling Forces Harvard To End Ban on Single-Gender Clubs
Good news for free association at college!
Expelled Student's Sex Discrimination Claim Against Oberlin College Can Go Forward
"[The Oberlin] panel's decision was arguably inexplicable. Per the terms of Oberlin's Policy, intoxication does not negate consent—only 'incapacitation' does.... And the record here provided no apparent basis for a finding that Roe [was incapacitated]."
Bostock v. Clayton County and the Debate over the Meaning of "Ordinary Meaning"
Both sides in the landmark employment discrimination decision agree that laws should generally be interpreted based on the "ordinary meaning" of their words. But they differ on what that entails.
Textualism and Purposivism in Today's Supreme Court Decision on Discrimination Against Gays, Lesbians, and Transsexuals
The decision in Bostock v. Clayton County is well-justified from the standpoint of textualism (a theory associated with conservatives), but less clearly so from the standpoint of purposivism (often associated with liberals).
Supreme Court Rules, 6–3, That LGBT Workplace Discrimination Violates Civil Rights Act
Justice Neil Gorsuch's majority decision offers a textualist argument for the ruling.
BREAKING: Supreme Court Holds Title VII Prohibits Discrimination Based Upon Sexual Orientation or Transgender Status (Updated)
Justice Gorsuch writes for six-justice majority that discrimination based upon sexual orientation or transgender status is sex discrimination under Title VII.