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The Latest Breaking News from Bostock

Court Rejects Lawsuit by Sorority Members Against Sorority for Admitting Transgender Member

The sorority, the court held, had a First Amendment freedom of expressive association right to choose which students to admit (logic that suggests that a sorority would equally be free to exclude transgender members).

Reason

Eleventh Circuit Holds That Alabama Ban on Transgender Procedures on Minors Can Go in Effect

From today's decision in Eknes-Tucker v. Marshall, by Judges Barbara Lagoa, joined by Judge Andrew Brasher and District Judge J.P. Boulee (N.D. Ga.): [S]ection 4(a)(1)–(3) of Alabama's Vulnerable Child Compassion and Protection Act … states that "no person shall engage in or cause" the prescription or administration of puberty blocking…

Reason

Justice Alito's Interview in the Wall Street Journal

As a general rule, Supreme Court Justices speak through their opinions. From time to time, Justices will be "interviewed"by friendly interlocutors during public events. The screened questions are usually softballs, and even then, the Justices tend to avoid saying anything newsworthy. In recent years, perhaps the biggest outlier was Justice…

Reason

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Conservatives Should Not Be Surprised By Justice Gorsuch's Opinion in Bostock

Revisting Kastl v. Maricopa County Community College District.

Reason

A Lawyer Who Litigated Grutter Comments on the Court's College Admission Racial Preferences Cases

I've known Michael Rosman at the Center for Individual Rights for almost 30 years; he has litigated many important cases, including with regard to racial preferences, and was one of the lawyers in Grutter v. Bollinger. I'm therefore delighted to pass along his short reactions to Students for Fair Admission…

Reason

Archaeologists bid to unravel 130-year-old circus elephant burial mystery

Local legend suggests the elephant was buried in 1891

Bristol Post

Archaeologists hunt for burial site of famous 19th-century elephant in Gloucestershire

Historians hope to find remains of animal from one of Britain’s Victorian travelling menageries

The Guardian - UK

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Texas AG sues Biden administration over Title IX interpretation

State law that limits transgender student athletes’ participation in sports runs afoul of the updated federal civil rights law, which was expanded to prohibit discrimination against LGBTQ students, potentially putting Texas schools at risk of losing federal funding.

The Texas Tribune

Roberts Waves the White Flag of Textualism in Allen v. Milligan

Justice Scalia would be rolling over in his grave.

Reason

Ag Commissioner Sid Miller Doubles Down on Transphobic Dress Code

After the Observer published the agency’s dress code memo, Sid Miller defended the policy and posted anti-trans remarks on Twitter.

Texas Observer

'The darkest day in British cycling' - British riders mourn loss of AT85 Pro Cycling

Matt Bostock says Tim Elverson run squad ‘gave him confidence’ to take next step in his career, Alex Richardson says British Scene has lost ‘a platform’ for young riders to develop

Cycling Weekly

Alaska: OK to discriminate against LGBTQ

Alaska’s civil rights agency quietly deleted language promising equal protections for LGBTQ Alaskans

Salon

Neil Gorsuch's LGBT Decision May Doom Affirmative Action in the Supreme Court

Why isn’t affirmative action in college admissions prohibited under the Civil Rights Act?

Reason

How a Gorsuch LGBT Ruling May Doom Affirmative Action in College Admissions

The link between Bostock v. Clayton County and Students for Fair Admissions v. University of North Carolina

Reason

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Tribune News Service

Obamacare discrimination protections don’t apply to LGBT patients, Texas judge rules

AUSTIN, Texas — A federal judge in Texas has ruled that the Biden administration cannot prohibit doctors from denying certain medical care based on a patient’s sexual orientation and gender identity.

Reason

Title IX and Affordable Care Act Don't Forbid Sexual Orientation and Gender Identity Discrimination

So held Judge Matthew Kacsmaryk (N.D. Tex.) Friday in Neese v. Becerra; the opinion is long, but here's an excerpt: Section 1557 of the Affordable Care Act prohibits discrimination "on the basis of sex." See 42 U.S.C. § 18116(a) (incorporating, among other things, Title IX's prohibition of discrimination "on the…

Tribune News Service

Federal judge hands Texas a win in lawsuit over protections for gay, transgender workers

DALLAS — A federal judge in Texas has ruled that employment protections for gay and transgender workers do not extend to policies regarding dress codes, preferred pronouns or bathroom usage.

Tribune News Service

Bisexuals not covered by federal employment protections, Texas plaintiffs argue

AUSTIN, Texas — A hardline Christian activist and an evangelical church in North Texas are arguing that federal employment protections for LGBT workers don’t apply to bisexuals.

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Texas Observer

Next on the GOP’s List: Starving Queer Kids

Republican attorneys general, including Ken Paxton, have filed suit over a federal school lunch program that prohibits discrimination against LGBTQ+ children.

The Independent UK

Justice Samuel Alito skirts question about leaked Supreme Court draft decision overturning Roe

‘This is a subject I told myself I wasn’t going to talk about today regarding, you know — given all the circumstances,’ the justice says

Reason

Will a Conservative Supreme Court Turn on Gay Rights After Dismantling Roe? Be a Skeptic

Gorsuch just penned an important pro-LGBT decision two years ago. Americans are largely not interested in relitigating this issue.

Tribune News Service

Charlotte Diocese retains ‘Hobby Lobby’ lawyers to appeal ruling in firing of gay teacher

CHARLOTTE, N.C. — Catholic leaders in Charlotte have appealed a federal judge’s decision that they violated federal law when they fired a gay substitute teacher after he put his same-sex wedding plans on Facebook.

Reason

The WSJ Is Worried About The Chief Justice "Turn[ing]" Votes In Dobbs

I'm having flashbacks to NFIB and Bostock. Has there been a leak?

Reason

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.

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