Connect with us

National

Supreme Court next stop for argument gays protected under Title VII

Redress could set up decision in favor of protections nationwide

Published

on

Supreme Court, gay news, Washington Blade

The U.S. Supreme Court (Washington Blade file photo by Michael Key).

The legal team behind a lawsuit seeking redress for a Georgia worker allegedly fired for being a lesbian is poised to seek review from the U.S. Supreme Court, potentially setting up a decision establishing a nationwide prohibition on anti-gay workplace discrimination.

The plan came about after the U.S. Eleventh Circuit Court of Appeals in Atlanta refused on Thursday to rehear “en banc,” or before the full court, a three-judge panel decision against Jameka Evans, a security guard who claims she was targeted for harassment and effectively terminated from her job at Georgia Regional Hospital for being a lesbian.

In March, the three-judge panel ruled Title VII of the Civil Rights Act of 1964, which bars employment discrimination on the basis of sex, affords no protections to Evans, rebuking arguments sexual-orientation discrimination is a form a sex discrimination. Cited as reasoning for the decision was legal precedent in the circuit, such as the 1979 decision in Blum v. Gulf Oil Corp.

On Thursday, the full 11th Circuit denied the request filed by Lambda Legal to reconsider that decision “en banc” in a per curiam decision signed by U.S. District Judge Jose Martinez, who’s sitting on the 11th Circuit by designation.

“The Petition(s) for Rehearing are DENIED and no Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc (Rule 35, Federal Rules of Appellate Procedure), the Petition(s) for Rehearing En Banc are DENIED,” the decision said.

The 11th Circuit decision against Evans and the refusal to rehear the case “en banc” defies a growing body of casework that has determined sexual-orientation discrimination in the workplace is unlawful under current law based on the prohibition of sex discrimination under Title VII.

The U.S. Equal Employment Opportunity Commission, the agency charged with enforcing federal employment laws, ruled in 2015 sexual-orientation is a form a sex discrimination in the Baldwin v. Foxx case. That decision followed the commission’s 2012 decision in Macy v. Holder that determined transgender discrimination is illegal under Title VII.

A number of trial courts and state courts have accepted that line of legal reasoning. In April, the U.S. Seventh Circuit Court of Appeals during an “en banc” review of a lawsuit filed by fired lesbian teacher Kimberly Hively determined her termination was unlawful, becoming the first federal appeals court to find sexual-orientation discrimination is sex discrimination.

Now that the 11th Circuit had ruled the opposite way on the Title VII and all legal remedies in that legal circuit are exhausted, a circuit split has emerged between the 7th and 11th Circuit — the exact kind of situation that would make the Supreme Court step in.

Greg Nevins, counsel to Evans and Employment Fairness Project Director for Lambda Legal, told the Washington Blade what was initially not a clear circuit split among the courts “all changed” as result of the 11th Circuit decision not to rehear the Evans case.

“It’s unbelievable that they did this because they had the oldest — and lamest — precedent of any of them, and to then say, ‘We’re good here,’ is really unthinkable,” Nevins said.

Despite his disappointment, Nevins said the “crystal clear” circuit split leaves a path forward that could lead to the Supreme Court issuing a ruling to make nationwide guidance.

“We’re set up to file for cert before the Supreme Court and ask them to resolve this once and for all and say on a national level that you cannot file people under federal law for being lesbian, gay or bisexual,” Nevins said.

Asked by the Blade when the petition would be filed, Nevins said the legal team is seeking consultation with the plaintiff and others, but nonetheless “our current thinking is they’ve given us the green light, they’ve actually, you could say, forced our hand.”

But if the Supreme Court rules against protections for gay, lesbian and bisexual workers under Title VII as a result of the review, the decision could undo the sexual-orientation protections found by some courts and the EEOC.

Lambda Legal seeks to take up the issue with the Supreme Court two years after its decision in favor of marriage equality nationwide, but shortly after the confirmation of U.S. Associate Justice Neil Gorsuch.

The Trump-appointed justice — along with U.S. Associate Justices Clarence Thomas and Samuel Alito — dissented in a recent ruling reaffirming that marriage-equality decision in a case overturning a birth certificate decision for lesbian parents by the Arkansas Supreme Court.

The court with Gorsuch on the bench also agreed to take up a lawsuit filed by Masterpiece Cakeshop in Colorado, which is asserting a First Amendment right to be able to refuse services for religious reasons to same-sex couples seeking a wedding cake.

Recalling Gorsuch’s admiration for the late U.S. Associate Justice Antonin Scalia, who despite his anti-gay dissents agreed in the 1998 Oncale decision Title VII should be read broadly, Nevins was the optimistic about the outcome of this case before the Supreme Court and said Gorsuch should pay heed to that decision.

“If Justice Gorsuch is truly a disciple of Justice Scalia and really believes sort of the same textualist arguments that Justice Scalia was a champion of, then we should be just fine,” Nevins said.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

National

BREAKING NEWS: Shots fired at the White House Correspondents’ Dinner

Shooter reportedly opened fire inside hotel

Published

on

(Washington Blade photo by Joe Reberkenny)

Four loud bangs were heard in the International Ballroom of the Washington Hilton during the annual White House Correspondents’ Dinner on Saturday.

According to the Associated Press, a shooter opened fire inside the hotel outside the ballroom.

Attendees could hear four loud bangs as people started to duck and take cover. During the chaos sounds of salad and glasses were dropped as hotel employees, and guests ducked for cover.

The head table — which included President Donald Trump, Vice President JD Vance, first lady Melania Trump, and White House Correspondents Association President Weijia Jiang — were rushed off stage.

“The U.S. Secret Service, in coordination with the Metropolitan Police Department, is investigating a shooting incident near the main magnetometer screening area at the White House Correspondents’ Dinner,” the U.S. Secret Service said in a statement. “The president and the First Lady are safe along all protects. One individual is in custody. The condition of those involved is not yet known, and law enforcement is actively assessing the situation.”

Trump held a press conference at the White House after he left the hotel.

“A man charged a security checkpoint armed with multiple weapons and he was taken down by some very brave members of Secret Service,” said Trump.

Trump said the shooter is from California. He also said an officer was shot, but said his bullet proof vest “saved” him.

D.C. Mayor Muriel Bowser, interim D.C. police chief Jeffrey Carroll, U.S. Attorney for D.C. Jeanine Pirro, and other officials held their own press conference at the hotel.

Carroll said the gunman who has been identified as Cole Tomas Allen was armed with a shotgun, handgun, and “multiple” knives when he charged a Secret Service checkpoint in a hotel lobby. Carroll also told reporters that law enforcement “exchanged gunfire with that individual.”

Both he and Bowser said the gunman appeared to act alone.

“We are so very thankful to members of law enforcement who did their jobs tonight and made sure all guests were safe,” said Bowser. “Nobody else was involved.”

The Washington Blade will update this story as details become more available.

Continue Reading

State Department

State Department implements anti-trans bathroom policy

Memo notes directive corresponds with White House executive order

Published

on

(Photo courtesy of the Library of Congress)

The State Department on April 20 announced employees cannot use bathrooms that correspond with their gender identity.

The Daily Signal, a conservative news website, reported the State Department announced the new policy in a memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms.”

The State Department has not responded to the Washington Blade’s request for comment on the directive.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

The Daily Signal notes the new State Department policy “does not prohibit single-occupancy restrooms.”

Continue Reading

National

I’m telling the scared little girl I once was it’s okay to feel free

This week is Lesbian Visibility Week

Published

on

(Design by Soph Holland)

Uncloseted Media published this article on April 23.

By SOPHIE HOLLAND | At 13 years old, I remember looking in the mirror in my Toronto bathroom and thinking, “Yeah, I’m a lesbian.” At the time, I thought it was a dirty word. Thinking back, it could be because the first time I heard it was when a family member said, “I don’t know what a lesbian is, they are like aliens.”

And although I walked around in camouflage Crocs with a rainbow My Little Pony charm, plaid knee-length shorts and a shark tooth necklace (yes, these are all, in my opinion, stereotypically lesbian apparel!), I didn’t feel like I fit the mold. The longer I thought about it, the worse I felt, so I buried my feelings deep inside.

Now I am 25, and I have been out since I was 22. Three years ago, I never could have imagined that I’d be working for a queer news publication and celebrating Lesbian Visibility Week, an annual event meant to honor and uplift lesbian perspectives and highlight the hardships our community faces. To me, LVW is so important because, frankly, it has been an absolute shit show getting here, to a place where I feel love and joy most days.

I think back to the frustration of constantly being asked, “Do you have a boyfriend?” Of watching princess movies and seeing a broken girl only find herself when her prince charming arrives. I remember listening to music that was always about heterosexual relationships. I remember feeling left out in high school when, one by one, my friends got boyfriends.

I tried the boyfriend, and I tried really hard for it to work at a large detriment to my wellbeing. I brainwashed myself into thinking I was probably bisexual, which I told my closest friends around 16 and unsuccessfully told my parents at the same age. I was probably subconsciously using this as a litmus test of their acceptance and to soothe the anxiety I felt around my sexuality.

Learning to love who I am did not only come from me unraveling my internalized lesbophobia and dissecting the oppressive societal messages of heteronormativity. It came from meeting an awesome community of lesbians and queers. I found people who understood my worldview and who showed me the ropes. I no longer had to stutter over concepts like lesbian loneliness or my frustration with misogynistic straight men.

They all just got it.

Without this community, I am not sure if I could be as warm and confident in myself as I am today.

And while I still experience homophobia, like being spat on while walking with an ex in downtown Toronto or having a stranger yell in my face “Are you fucking lesbians?” in Kensington Market, the joy and love still outweighs the nasty.

So, as the sentimental dyke that I have become, I decided to ask a set of lesbians in my orbit — including my friends as well as Uncloseted staffers, board members and followers — if they would share a little bit about what makes them love being a lesbian. And now, I can share it with all of you. Here they are. Happy LVW!

Timi Sotire

Falling in love with her was a reset. I felt like a kid again, hopeful about the future. We’ve had to overcome many obstacles to be together, but I’d choose her in every lifetime. I was sick with a long-term health condition when we met, and hanging out with Sophia really helped me with my recovery after my surgery.

Bella Sayegh

Being a lesbian is one of the most beautiful things in the world. To be authentically yourself in resistance and joy is so special within the lesbian community.

Parker Wales

When I met Liv, I finally understood why almost every song is about love.

Gillian Kilgour

There is no connection quite as perfect as between lesbians, no one sees me like my lesbians do.

Chyna Price

There’s many things I love about being a lesbian. But here are my top three:

  1. There’s just a deeper understanding when it comes to being loved by another woman.
  2. The next one would be the sense of community, especially being a POC masculine-presenting lesbian. I don’t feel like I’m cosplaying as someone else like I felt like I was doing before I came out.
  3. There’s so much history going back to the 1800s on how we found and fought for our love. That fight makes me proud because it shows me … that we’ve [found] ways to express our love even when it was misunderstood, illegal and deemed as madness.

Hope Pisoni

Before I knew I was a lesbian, romantic relationships seemed suffocating — it felt like everyone would expect me to act my part in the meticulous performance that is heterosexuality. But meeting my spouse and discovering our identities together showed me just how freeing it could be to love without a script to follow.

Leital Molad

It was the joy of watching the New York Sirens defeat the Toronto Sceptres at our first professional women’s hockey game — surrounded by hundreds (maybe thousands?) of cheering lesbians.

Angela Earl

I spent years building a life that looked right. But I never felt settled, and eventually I started asking what would actually make me happy. Coming out was about more than who I love, it was letting go of everything I was told to be. The last few years have felt like coming home to a life that had been waiting for me.

Tali Bray

What I love about being a lesbian is what I love about being in love … the wonder and joy of “oh, this is what it’s supposed to feel like.” I love moving through the world with women.

Izzy Stokes

I didn’t fall in love until I realized that queerness was an option. My queer friends have helped me see so much more than I grew up seeing. I’m so proud of us, and I’m so grateful for my lesbian community.

Nandika Chatterjee

When I met my fiancée is when I started to feel most like myself. That meant loving myself for who I am and embracing my identity as a lesbian. I felt free in a way I have never before. That’s the long and short of it.

Liz Lucking

The love and joy of being a lesbian is getting to live the life I dreamed of but never thought I would get to have!

Reflections

As I read these beautiful entries, it’s not lost on me that we’re still living in a world where lesbians are more likely to struggle with maternity problemsfetishization, and compulsory heterosexuality — not to mention the intersectional pressures of racism from both inside and outside the queer community. That’s part of why, according to a 2024 survey, 22 percent of LGBTQ women have attempted suicide, and 66 percent have sought treatment for trauma.

So if you are a lesbian who isn’t out or doesn’t feel safe, I hope you read this and can glean some hope from these messages. So when you look in the mirror, you know that it’s okay to release the weight — which can feel so heavy — of a heteronormative world.

We still have a long fight until all lesbians can feel safe to be themselves, but this is a community that does not back away from the tough, from the joy, from being loud and from all the other things that it takes to start a small revolution.

Hell yeah, lesbians! Here’s to you.

*I am signing off with my cat on my lap and a pride flag over my head <3.

Continue Reading

Popular