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Constitutional Challenges Gender Identity

Fisher Phillips

SCOTUS to Determine Whether States Can Ban Transgender Athletes From Women’s Sports – What Your School Needs to Know

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The Supreme Court will soon decide whether states can ban transgender high school and college athletes from participating on female sports teams at their schools. After initially declining to review this issue in 2023 and...more

Montgomery McCracken

Supreme Court to Decide Legality of Trans-Athlete Bans

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As the Supreme Court Prepares to Decide the Legality of Trans-Athlete Bans, Schools Must Ready Themselves for Far-Reaching Precedent Addressing “On the Basis of Sex” On July 3, 2025, the Supreme Court granted certiorari in...more

Dorsey & Whitney LLP

The Supreme Court Update - July 3, 2025

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The Supreme Court of the United States granted certiorari in five cases today: Little v. Hecox; West Virginia v. B.P.J., Nos. 24-38, 24-43: These two cases will address whether states may prohibit transgender women and...more

Foley & Lardner LLP

Gender-Affirming Care: What the Supreme Court’s Ruling in Skrmetti Means for Health Care Providers Nationwide

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On June 18, 2025, the U.S. Supreme Court delivered a major decision in United States v. Skrmetti, allowing Tennessee’s ban on gender-affirming care for minors to take effect. The ruling reflects a substantial realignment in...more

King & Spalding

Supreme Court Upholds Tennessee’s Prohibition on Gender-Affirming Care for Minors

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On June 18, 2025, the U.S. Supreme Court issued its opinion in the closely watched case of United States v. Skrmetti. In this 6-3 opinion, the Supreme Court upheld Tennessee’s legislation blocking gender-affirming care,...more

Morgan Lewis

Supreme Court Holds Ban on Treatment for Transgender Minors Does Not Violate Equal Protection Clause

Morgan Lewis on

The US Supreme Court on June 18, 2025 rejected a challenge under the Fourteenth Amendment’s Equal Protection Clause to Tennessee law SB1, which prohibits healthcare providers from dispensing puberty blockers, hormone...more

Seyfarth Shaw LLP

Supreme Court Upholds Tennessee Transgender Care Ban

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In a widely awaited for decision, the Supreme Court in a 6-3 opinion authored by Justice Roberts held that a Tennessee law which prohibits certain medical treatments (puberty blockers and hormones) for transgender minors,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Upholds Tennessee Law Prohibiting Gender-Affirming Care for Children

On June 18, 2025, the Supreme Court of the United States ruled that a Tennessee law banning gender-affirming care for minors does not classify on the basis of sex in ways that would require heightened scrutiny under the Equal...more

Dorsey & Whitney LLP

The Supreme Court Update - June 18, 2025

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The Supreme Court of the United States issued six decisions today: United States v. Skrmetti, No. 23-477: This case addresses a constitutional challenge to Tennessee’s Prohibition on Medical Procedures Performed on Minors...more

Tucker Arensberg, P.C.

Transgender Accommodations and Parental Rights

Tucker Arensberg, P.C. on

A Pennsylvania federal district court held that a school district may have violated fundamental parental rights by not informing a parent of her child’s request to be considered transgender. In 2022, an eighth-grade...more

Littler

Federal Court Partially Blocks Enforcement of Parts of Executive Orders on DEI and Gender Identity

Littler on

On June 9, 2025, the U.S. District Court for the Northern District of California issued a ruling in San Francisco AIDS Foundation v. Trump, temporarily blocking the enforcement of several provisions in executive orders issued...more

Snell & Wilmer

U.S. Attorney General Issues Memorandum to DOJ Regarding Enforcement of Prohibitions on Healthcare for Transgender Children

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On April 22, 2025, U.S. Attorney General Pam Bondi released a memorandum outlining new Department of Justice (DOJ) enforcement measures aimed at limiting gender-affirming care for transgender youth (the Memorandum).1 The AG...more

Whiteford

Employment Law Update: Texas Federal Court Strikes Down EEOC’s Harassment Guidance Related to Transgender Employees

Whiteford on

On May 15, 2025, the U.S. District Court for the Northern District of Texas vacated portions of the Equal Employment Opportunity Commission’s (“EEOC”) 2024 Enforcement Guidance on Harassment in the Workplace that addressed...more

Jackson Lewis P.C.

Federal Court Vacated Gender Identity Portions of EEOC Harassment Guidance: Employer Uncertainty Remains

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A federal district court in Texas on May 15, 2025, vacated the gender identity parts of the 2024 Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on Harassment in the Workplace (the EEOC Guidance). The...more

ArentFox Schiff

Federal Court Strikes Down Key Portions of EEOC Harassment Guidance

ArentFox Schiff on

On May 15, a Texas federal court vacated portions of the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on Harassment in the Workplace, concluding that the agency’s expanded interpretation of “sex”...more

Parker Poe Adams & Bernstein LLP

Federal District Court Vacates EEOC Guidance on LGBTQ+ Discrimination

Last week, a federal district court in Texas granted summary judgment to the State of Texas in a lawsuit challenging portions of the Equal Employment Opportunity Commission’s workplace harassment guidance dealing with...more

Bradley Arant Boult Cummings LLP

Take it Back – A Federal Court in Texas Vacates Portions of the EEOC’s Sexual Harassment Guidance  

Recall that just last year, the EEOC updated its Enforcement Guidance on Harassment in the Workplace for the first time in 30 years. We blogged about it here. Earlier this year, President Trump issued Executive Order 14168...more

Littler

Federal Court Vacates EEOC Harassment Guidance Regarding LGBTQ Individuals

Littler on

On May 15, 2025, the U.S. District Court for the Northern District of Texas vacated portions of the Equal Employment Opportunity Commission (EEOC)’s Enforcement Guidance on Harassment in the Workplace relating to LGBTQ...more

Sheppard Mullin Richter & Hampton LLP

Recent Legal and Regulatory Developments Involving Gender-Affirming Care

On January 28, 2025, President Trump signed Executive Order 14187 (the “EO”), which directed the federal government to take steps to ensure that the federal government does not “sponsor, promote, assist, or support” the...more

Whiteford

Client Alert: Title IX vs. States' Rights: Who Will Win?

Whiteford on

Since January, multiple fundamental developments have dramatically altered the Title IX landscape, signaling a seismic shift in its interpretation and enforcement. These developments include a rapidly escalating and public...more

ArentFox Schiff

Gender-Affirming Care for Minors: Executive Order 14187 and Its Implications for Hospitals and Health Systems

ArentFox Schiff on

President Trump’s Executive Order (EO) 14187, “Protecting Children from Chemical and Surgical Mutilation,” represents a significant shift in federal policy regarding gender-affirming care (GAC) for minors....more

Montgomery McCracken

Challenge to State Regulatory Rules Offering Protections for LGBTQ+ Students Filed in Pennsylvania Commonwealth Court

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When we wrote in August about the impact of the Supreme Court’s Loper-Bright decision on the various federal district court rulings invalidating the Department of Education’s 2024 Title IX regulations, we reminded readers...more

Holland & Hart LLP

New Rules for Public Employers, Courtesy of the Wyoming Legislature

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The Wyoming Legislature has wrapped up its 2025 session, but not before adopting several new laws governing public employers. Three of these laws were not specifically drafted as employment laws, but will have significant...more

Shipman & Goodwin LLP

State of Maryland and Washington Federal Judges Enjoin Two of President Trump's Gender Identity Executive Orders

Shipman & Goodwin LLP on

As Justice Kennedy remarked in the landmark decision striking down the Defense of Marriage Act: “The Constitution’s guarantee of equality ‘must at the very least mean that a bare [governmental] desire to harm a politically...more

Snell & Wilmer

Nationwide Preliminary Injunction Issued on Executive Order Limiting Gender-Affirming Care

Snell & Wilmer on

On March 4, 2025, a federal judge in Maryland issued a preliminary injunction to an executive order restricting access to gender-affirming care for individuals under the age of nineteen (the Executive Order)....more

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