LGBTQ Legal Issues

182 ABA Journal LGBTQ Legal Issues articles.

Meet the Texas judge who is a favorite of conservatives in hot-button lawsuits, including abortion-pill litigation

A conservative federal judge in Texas is at the center of attention because of a pending case in which he has been asked to rule that the U.S. Food and Drug Administration should not have approved the medication abortion-drug mifepristone.

Feb 10, 2023 11:43 AM CST

Intersex children should be allowed informed consent on surgeries, ABA House says

Most intersex surgeries are performed on children under the age of 2, according to a report attached to a resolution adopted by the ABA House of Delegates. Some youth would like medical intervention, but others who had it experienced trauma as a result of the choices that were made for them, according to the report.

Feb 6, 2023 4:30 PM CST

DeSantis violated Florida Constitution by suspending prosecutor, but federal court can’t act, judge says

A federal judge in Florida has ruled that the 11th Amendment prevents him from ordering the reinstatement of a reform prosecutor suspended by Republican Florida Gov. Ron DeSantis.

Jan 24, 2023 8:54 AM CST

Chemerinsky: Expect another wave of significant rulings as the Supreme Court returns

Sometimes an especially momentous U.S. Supreme Court term is followed by a quieter year with fewer blockbuster decisions. But that is not what we should expect when the court hands down its rulings for this term in spring 2023. Once more, the court’s docket is filled with cases of great legal and social importance that will profoundly affect the lives of many people.

Jan 5, 2023 12:59 PM CST

11th Circuit upholds school’s ban on transgender students using bathrooms corresponding with gender identity

In a decision that creates a circuit split, a federal appeals court has upheld a Florida school district’s policy that bans transgender students from using bathrooms that correspond with their gender identity.

Jan 4, 2023 10:10 AM CST

Athletes who challenged transgender-inclusive sports policy are still champions and lack standing, 2nd Circuit rules

Standing issues and a lack of notice have doomed a challenge to a transgender-inclusive sports policy. The 2nd U.S. Circuit Court of Appeals at New York ruled Friday against four cisgender athletes in Connecticut who alleged that the policy deprived them of a fair shot at statewide track titles in high school.

Dec 19, 2022 10:50 AM CST

Law students and professor who oppose same-sex marriage settle speech case with school

A First Amendment action brought against the University of Idaho by Christian Legal Society members who believe the Bible rejects same-sex marriage has settled for $90,000.

Dec 12, 2022 1:24 PM CST

Weekly Briefs: Same-sex marriage bill sent to Biden; lawyer pleads guilty after swinging belt caught on video

Bill protecting gay marriage is sent to Biden

The U.S. House of Representatives approved a marriage equality bill Thursday that requires states and the federal government to recognize same-sex…

Dec 9, 2022 2:42 PM CST

Supreme Court majority seems ready to rule for web designer who won’t make websites for same-sex weddings

A conservative majority of the U.S. Supreme Court appeared Monday to support a web designer who refuses to create custom websites for same-sex weddings because of religious objections.

Dec 5, 2022 4:12 PM CST

Is designer’s refusal to create website for same-sex wedding free speech or illegal discrimination?

The case of 303 Creative v. Elenis is about whether the Colorado Anti-Discrimination Act violates the First Amendment free speech rights of Lorie Smith and her wholly owned design firm.

Dec 1, 2022 3:36 PM CST

Chemerinsky: An important week of arguments in the Supreme Court

Next Monday and Wednesday, the Supreme Court will hear oral arguments in two of the most important cases of the term. Each could have enormous implications for future litigation and for constitutional law.

Dec 1, 2022 9:20 AM CST

Deborah Ferguson fights to protect ballot initiative process and other rights in Idaho

“I read a quote recently that said we should think hard about what we owe each other as citizens and human beings,” Deborah Ferguson says. “I believe that.”

Nov 22, 2022 3:37 PM CST

State bar is running an unlawful ‘quota system’ for leadership positions, judge says

A New Jersey judge has concluded that the state bar association is violating anti-discrimination law by reserving 13 leadership positions for members of certain underrepresented groups.

Nov 10, 2022 10:23 AM CST

Beauty pageant had First Amendment right to reject transgender contestant, 9th Circuit rules

A beauty pageant had a First Amendment right to reject a transgender contestant who contended that its “natural born female” eligibility requirement violated Oregon anti-bias law, a federal appeals court has ruled.

Nov 3, 2022 1:26 PM CDT

During ABA Giving Day, members can support efforts advocating for democracy, equity and justice

Amid the COVID-19 pandemic, the ABA’s members, volunteers and donors have answered the call to help increase legal services and transform the justice system. The FJE hopes to build on that momentum with the 2022 ABA Giving Day.

Oct 18, 2022 11:10 AM CDT

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