News & Analysis as of

LGBTQ Supreme Court of the United States

Clark Hill PLC

U.S. Supreme Court endorses parental opt-out for LGBTQ+ curriculum

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On June 27, in a 6/3 majority decision in Mahmoud v Taylor, the United States Supreme Court ruled that a public school district violated parents’ constitutional right involving religious freedom by forcing their children to...more

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

Supreme Court Decision Legalizing Same-Sex Marriage Hits 10-Year Anniversary

Ten years have passed since the Supreme Court of the United States granted all same-sex couples the right to marry and have their marriages recognized nationwide. ...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS wraps it up: Four lessons for employers

"Reverse discrimination," ADA, religion, and nationwide injunctions. The 2024-25 term of the U.S. Supreme Court is over. Two decisions at the end of the term directly addressed employment law issues, and two others will have...more

Fox Rothschild LLP

Supreme Court Ruling on School Curriculum Puts Focus on Religious Opt Outs

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On the final day of its term, the U.S. Supreme Court ruled that public schools must accommodate parents’ religious objections to certain instructional materials — in this case, LGBTQ+-inclusive storybooks used in elementary...more

Carlton Fields

Top First Amendment Cases of the 2024-2025 Supreme Court Term

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The U.S. Supreme Court in its 2024–25 term continued to robustly protect religious liberty under the First Amendment but retreated from core First Amendment principles in two cases involving the internet....more

Pullman & Comley - School Law

U.S. Supreme Court Announces New Legal Standard for First Amendment Free Exercise Challenges to Curriculum and Instruction

In a 6-3 decision with the justices split along familiar ideological lines, the United States Supreme Court held on Friday, June 27, in Mahmoud v. Taylor, 606 U.S. ___ (2025) (Case No. 24-297)...more

Miller Canfield

SCOTUS Rules Mandatory LGBTQ+ Curriculum Without Opt-Out Burdens Religious Freedom

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Can a public school require students to engage with materials that conflict with their parents’ religious beliefs without offering an opt-out? In Mahmoud v. Taylor, the U.S. Supreme Court enjoined the Montgomery County public...more

Parker Poe Adams & Bernstein LLP

Supreme Court Upholds Parental Right to Opt Out of Certain School Curriculum on Religious Grounds

The U.S. Supreme Court ruled on Friday, June 27, that a Maryland school district’s decision to mandate instruction using LGBTQ+-inclusive storybooks, without offering notice or opt-outs to parents, violated the First...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

Fisher Phillips

Pop Quiz: How Much Do You Know About Pride Month and LGBTQ+ Rights in the Workplace?

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Pride Month provides an opportunity for you to recognize the resilience of the LGBTQ+ community at your workplace amid an evolving and often challenging legal and political landscape. Now more than ever, this year’s Pride...more

Franczek P.C.

Week in Review: 7 Legal Developments you Should Know About

Franczek P.C. on

As the academic year is now wrapping up, we hope that the final weeks of school have been relatively stress free, and that our clients are now looking forward to some slower summer days. Here at Franczek, we have continued to...more

Ballard Spahr LLP

New (Old) Battlegrounds: The Administration’s Targeting of Transgender Rights

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Within the last two months, both the Equal Employment Opportunity Commission (EEOC) and the armed services have followed Trump Administration directives to narrow or eliminate protections for transgender individuals....more

Seyfarth Shaw LLP

SCOTUS Argument Recap: Court Appears Likely to Eliminate Heightened Prima Facie Burden for Majority Group Plaintiffs Under Title...

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In a recent oral argument, the Justices seemed largely aligned with the plaintiff’s position that majority and historically disadvantaged groups should face the same prima facie test under Title VII....more

McAfee & Taft

SCOTUS to weigh in on reverse discrimination claim brought by heterosexual employee

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Last week, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, an employment discrimination lawsuit that focused on a reverse discrimination claim under Title VII of the Civil Rights Act...more

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

Supreme Court Expresses Skepticism Over Higher Burden in Majority Discrimination Cases

The Supreme Court of the United States recently heard oral arguments in a case to determine whether employees who are part of a majority group must meet a higher standard to prove discrimination....more

ArentFox Schiff

The Uncertain Future of Gender-Affirming Care for Minors, Part 1: United States v. Skrmetti

ArentFox Schiff on

Gender-affirming care (GAC) is a model of care encompassing medical, surgical, mental health, and non-medical services to support transgender and nonbinary individuals in affirming their gender identity. Advocates argue that...more

Davis Wright Tremaine LLP

New Administration Outlook: Guidance for Employers Amid the Attack on LGBTQ Workers

President Trump's orders targeting "woke gender ideology" do not change existing employment protections for LGBTQ employees, though threats to federal funding remain ambiguous. Title VII of the Civil Rights Act and many...more

Franczek P.C.

Supreme Court October Term 2024 – Education Cases to Watch

Franczek P.C. on

Some of us measure our year in weeks, months, or, for the readers of this article, likely by the school calendar. The Supreme Court, however, has its own measurement. The Court operates, hears cases, and issues rulings each...more

Offit Kurman

Defending Women from Gender Ideology an Individual’s Sex Is Not a Simple Matter

Offit Kurman on

On January 20, 2025, President Donald Trump issued the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive mandates that all federal...more

Sheppard Mullin Richter & Hampton LLP

Analyzing President Trump’s “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal...

On January 20, 2025, President Trump issued an Executive Order titled, “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government” (the “EO”). The EO declares that “[i]t is the...more

Proskauer - Law and the Workplace

President Trump’s Executive Order on Recognizing Two Sexes: Implications for Private Employers

On Monday, January 20, 2025, President Donald Trump issued an Executive Order entitled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government” (the “Order”).  The Order...more

Snell & Wilmer

2024 End-of-Year Plan Sponsor “To Do” List (Part 1) Health and Welfare

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We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. This Part 1 covers year-end health and welfare plan issues. Parts 2,...more

Constangy, Brooks, Smith & Prophete, LLP

The rise of “reverse” discrimination claims

Since the decision of the U.S. Supreme Court in Students for Fair Admission, we have observed an increase in “reverse” discrimination claims where members of a majority group, such as whites or males, allege discrimination...more

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

Supreme Court to Hear Heterosexual Woman’s Reverse Discrimination Case

The Supreme Court of the United States has agreed to hear a case in which a female heterosexual employee claimed an Ohio state agency discriminated against her in favor of employees who identify as LGBTQ+. The case, Ames v....more

Benesch

Frozen at the Starting Line: Biden’s New Title IX Rules Blocked in Majority of States as Schools Torn Between Trump Initiatives...

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Twenty-six states filed litigation in courts nationwide to prevent the enactment of President Biden’s April 2024 revisions to the Title IX statute aimed at increasing protections for LGBTQIA+ athletes, pregnant and parenting...more

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