LGBT

Earlier this week, several prominent LGBT advocacy groups announced that they would no longer support the proposed Employment Non-Discrimination ACT, known as ENDA. If the U.S. House of Representatives passes ENDA, it would create legal safeguards in the workplace for gay, lesbian, and transgendered employees. The National Gay and Lesbian Task Force Action Fund led the move, with the American Civil Liberties Union, Gay & Lesbian Advocates & Defenders, Lambda Legal, the National Center for Lesbian Rights and Transgender Law Center later joining NGLTF’s initial statement. The groups fear that the Supreme Court’s recent decision in Hobby Lobby signals a move toward expansive religious exemptions. Consequently, the groups will now focus their efforts on securing rights for the LGBT community like those provided by Title VII of the Civil Rights Act of 1964 and the Constitution’s Equal Protection Clause.

A few months ago, I wrote about ENDA and why conservative Republicans in the House ought to pass the bill. I pointed to a novel D.C. district court ruling allowing a gay man to move forward with his Title VII employment discrimination claim, based on his status as a homosexual male. I described the differences between Title VII’s religious exemptions for employers and the much broader exemptions provided by ENDA. In my earlier piece, I wrote, “Republican Congress members should think twice about refusing to enact legislation that would provide ENDA’s key protection of religious freedom. If they fail to do so, and the push to expand the scope of Title VII in the courts continues, no such protection will exist.”

Instead of prioritizing religious freedom, social conservatives in Congress have held fast to a strident moral opposition to LGBT rights. Instead of pressing for new, democratically enacted statutory rights, many advocates of LGBT equality will increasingly double-down on judicial re-interpretation of Title VII and the Equal Protection Clause. As each side digs in, the other side digs in deeper. Workable compromises seem fewer….

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Ted Olson and David Boies (photo by yours truly)

We do treat [gays] the same. None of them can get married to each other. That’s called equal protection. Are you familiar with that clause?

Stephen Colbert, speaking about same-sex marriage last night while interviewing David Boies and Ted Olson, the lawyers behind the legal challenge to Proposition 8 and the authors of a new book, Redeeming the Dream: The Case for Marriage Equality (affiliate link).

(More about Boies and Olson and their book, plus video footage of their Colbert Report appearance, after the jump.)

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* Jury duty is the only major civic duty that no one ever talks about. Professor Andrew Ferguson would like to change that by encouraging jurors to speak up about their experience. Enjoy learning how the sausage of justice is made! [Huffington Post]

* Verizon threatens to sue Netflix for honestly reporting how bad Verizon’s internet speeds are. [DailyTech]

* Hey, after all those threesomes, Case Western Med School is the one in court over “professionalism” concerns. [Cleveland Plain-Dealer]

* Of course a case about using a chemical weapon on a mistress is named “Bond.” Let’s examine Justice Scalia’s curious concurrence, shall we? [Constitutional Accountability Center]

* Dragons and isolationism. Makes sense. [The Legal Geeks]

* Cybercrime is pretty costly. [Lawfare]

* The emerging schism in the LGBT community on whether the term “Tranny” is empowering or a slur. Of course this is Legal Insurrection coverage, so the conclusion here is everyone who’s not with the straight white male program should just keep quiet, but the issue itself is interesting. [Legal Insurrection]

* Judge Kopf was asked to review Uncertain Justice by Professor Tribe and Joshua Matz. He didn’t want to do it, but thankfully he changed his mind. [Hercules and the Umpire]

* Slate Money discussed the Second Circuit’s reversal of Judge Rakoff last week and cited Above the Law specifically for the word “benchslap.” [Slate Money]

* Congratulations to UC Hastings dean and occasional ATL columnist Frank Wu on his reappointment as chancellor and dean! [UC Hastings]

* Lawyer + Cat = Internet win. Here’s the pic that’s going viral… [Imgur]

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* The best part of the DOJ’s charges against the Chinese hackers is definitely the fact that we now have a “Wanted” poster for “Wang Dong.” Third graders of the world, go ahead and snicker. [What About Clients]

* This is a literal way of sticking it to the banks — man arrested for attempting to have sex with an ATM machine. He was charged with public intoxication. And solicitation… goddamned $3.00 out of network charge. [The Smoking Gun]

* A new NFL lawsuit alleges that the NFL illegally used painkillers to cover up injuries. This story is brought to you by the letters D, U, and H. [Sports Illustrated]

* In an interview, the admissions dean of the University of Texas says the school “extend[s] opportunities to students who aren’t 100% perfect on paper.” No kidding. [Tipping the Scales]

* Australian lawyers are trying to argue that their cease and desist letters are copyrighted and cannot be republished. Professor Volokh explains why that’s not a viable argument in the United States. We. Totally. Concur. [The Volokh Conspiracy / Washington Post]

* A transwoman was denied a requested name change. The judge? The former counsel to Liberty University. Of course. [GayRVA]

* Twitter icon Judge Dillard cited Wikipedia in a decision. Didn’t Keith Lee just have an article about that? [Court of Appeals of Georgia]

* More analysis of Gaston Kroub’s look at Biglaw’s Scarlet Letter. [Law and More]

* The DOJ announced that LSAC will pay $7.73 million and institute systemic reforms over its ADA violations. If only the DOJ could get on top of LSAC’s problems securing your private personal information. [U.S. Department of Justice (press release)]

The Employment Non-Discrimination Act (“ENDA”) is proposed legislation that would prohibit most employers from discriminating on the basis of actual or perceived sexual orientation or gender identity. The Senate passed the bill in November, but the proposal is currently languishing in the House.

President Obama supports ENDA. Recently, though, LGBT activists have criticized him for not pushing the proposed legislation harder and for not creating an executive order that would create ENDA-like protections for employees of federal contractors.

Republican lawmakers, though, are the ones who will ultimately rue not enacting ENDA while they have the chance. Here’s why….

double red triangle arrows Continue reading “The ENDA Title VII As We Know It: Why House Republicans Should Pass The Employment Non-Discrimination Act”

At last night’s LeGaL dinner: Alex Levy (a 3L at NYU), Mary Bonauto of Gay & Lesbian Advocates & Defenders (GLAD), and David Lat. (Photo by Jeff Trachtman.)

Last night, I had the great pleasure of attending the LeGaL Foundation Annual Dinner, which took place at Capitale here in New York. The mood was festive — which wasn’t surprising, given the successes of both LeGaL and the broader LGBT rights movement over the past year.

Here’s my account of the evening, a celebration of the Foundation’s 30th anniversary and an opportunity to honor some pioneers of the gay rights movement….

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Last month, Grantland published a story that led to great harrumphing across much of the internet. Titled “Dr. V’s Magical Putter,” it profiled a golf-club inventor whose big secret — that she was transgender — was revealed slowly, teased until the end like a mystery novel. The eponymous inventor’s death was treated as a mere plot point, puzzled over like everything else about the woman’s life. If you haven’t read the piece yet, I heartily encourage you to do so. I’ll wait.

This weekend, the New York Times published a story that will likely lead to very little harrumphing. This story, the profile of a transgender attorney who represents terror suspects, was written not as thrill-packed pulp fiction, but rather as the sober account of a ballsy attorney who deserves our approbation. If you’ll excuse that last sentence’s shameful bit of wordplay clowning, I promise you the rest of this post will be wholly serious. Because the New York Times story is important both for what it says about a life lived honestly and for what it says about the progress we’ve made in accepting such honesty.

So now, let us name all the interesting things about attorney Zoë J. Dolan. I mean, besides the umlaut….

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Justice Scalia

[Victories for same-sex marriage] will keep happening. And someday soon, Justice Scalia will have the chance to deliver the most vitriolic ‘I told you so’ in recent Supreme Court memory.

Jesse Wegman, a member of the New York Times Editorial Board, discussing how prescient Justice Antonin Scalia has been on the issue of marriage equality.

(Additional notable quotes and links, after the jump.)

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It really does get better — and better, and better — for lesbian, gay, bisexual, and transgender Americans.

This past June, the Supreme Court struck down part of the Defense of Marriage Act (DOMA), resulting in more-equal treatment of gay and lesbian couples for purposes of federal benefits. Around the country, 15 states and the District of Columbia now issue marriage licenses to same-sex couples. The Employment Non-Discrimination Act (ENDA), which bans workplace discrimination based on gender identity and sexual orientation, is closer than ever to passage, having already made it through the Senate by a comfortable margin (64-32, reflecting bipartisan support).

Meanwhile, in the private sector, employers are becoming more and more welcoming of LGBT individuals. That’s the top-line finding of the Human Rights Campaign’s latest Corporate Equality Index — in which law firms are particularly well-represented….

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Tico Almeida

[E]ven the most disgusting criminals should have access to counsel when they violate the law, and Exxon’s shareholders will now pay big bucks for Seyfarth’s lawyers, who are probably some of the most expensive corporate defense lawyers in the country. But I don’t think there’s any need for Seyfarth to run up their billable hours since Freedom to Work would like to settle the case today.

Tico Almeida, founder and president of Freedom to Work, commenting on Seyfarth Shaw’s decision to defend a case alleging anti-gay bias at Exxon Mobil — one of the few Fortune 500 companies that lacks a written nondiscrimination policy prohibiting discrimination on the basis of sexual orientation.

(Will Seyfarth come to regret this case? Let’s discuss….)

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