GLBTQ Legal Advocates & Defenders, joined by 
Georgia Equality and 26 other national, regional and state LGBTQ advocacy organizations, filed a friend-of-the-court brief August 20 urging the U.S. Supreme Court not to create a broad Constitutional exemption to nondiscrimination laws that would undermine equal protection guarantees and introduce a dangerous and unworkable scheme into local, state and federal lawmaking.
The brief was filed in support of the City of Philadelphia in Fulton v. City of Philadelphia. In 2018, the city suspended a contract with Catholic Social Services (“CSS”) to provide foster care placement services because the agency refused to work with married same-sex couples and unmarried couples in violation of Philadelphia’s nondiscrimination ordinance. CSS filed suit, asserting that the requirement to comply with the nondiscrimination law violated its religious liberty rights and seeking an injunction ordering the city to grant CSS a contract in accordance with the terms CSS desired. Lower courts denied the request for an injunction, ruling that the city was within its rights to require any agency with which it contracts to comply with the law. Continue reading
Today the US Supreme Court issued its decision in Bostock v. Clayton County. In a vote of 6 to 3, the Court has decided that “an employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.” In the midst of the COVID-19 health crisis and vitally important nationwide demonstrations in support of Black lives and against systemic racism, this decision is heartening and encouraging.