Supreme Court-LGBT rights update

Hurry up and wait.

As our readers know, there are three LGBT rights decisions that may be reviewed by the U.S. Supreme Court:

Zarda v. Airport Express: U.S. Court of Appeals for the Second Circuit (Connecticut, New York, Vermont) ruled in the spring that discrimination based on sexual orientation violates Title VII's ban on discrimination because of "sex." The employer in this case has petitioned for Supreme Court review.

Bostock v. Clayton County (GA): U.S. Court of Appeals for the Eleventh Circuit (Alabama, Florida, Georgia) ruled that discrimination based on sexual orientation does not violate Title VII's ban on discrimination because of "sex." The employee in this case has petitioned for Supreme Court review.

The briefing in Zarda and Bostock is complete, and both cases were presumably scheduled to be considered for review in a Supreme Court conference on September 24, but the Court has "rescheduled" its consideration of both cases. 

EEOC v. R.G. & G.R. Harris Funeral Homes: U.S. Court of Appeals for the Sixth Circuit (Kentucky, Michigan, Ohio, Tennessee) ruled that discrimination based on gender identity violates Title VII's ban on discrimination because of "sex." The funeral home/employer in this case has petitioned for Supreme Court review. The U.S. Solicitor General has asked for, and been granted, an extension of time to respond until October 24.

Meanwhile, on September 13, the Alliance Defending Freedom -- which is representing the funeral home -- suggested that the Supreme Court consider all three of these cases together. (Makes sense to me.) According to the ADF letter, the Supreme Court's next  conference to consider which cases to review is scheduled for October 26.

Will the Supreme Court have nine justices by October 24? I guess we'll know this weekend.

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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