Obama administration

Sex discrimination prohibition protects trans students as well as employees

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July 25, 2013
NHHS

The use of Title VII to prohibit employment discrimination based on gender identity has become widespread, both in the courts and through the EEOC’s and  the Justice Department’s decisions in Macy v. Holder.  Now the Obama Administration is extending its reliance on another sex discrimination law, Title IX, to protect trans students from discrimination by […]

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DoMA bites the dust

1
June 26, 2013
Edie-Windsor-SCOTUS-2

In a decision by Justice Kennedy, the Supreme Court ruled this morning 5 to 4 that the federal government must recognize the validity of same-sex marriages recognized under state law. Widely anticipated yet still wildly celebrated, the opinion was the first to invalidate a federal statute on the ground that it discriminates based on sexual […]

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Post-DoMA, which state’s law will determine marital status?

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June 14, 2013
Constitution-No-DOMA

If the Supreme Court finds that the provision in DoMA that bars federal recognition of same-sex marriages is unconstitutional, will that ruling benefit couples only in the 12 states plus DC that allow gay marriage? Or will federal agencies treat couples as married if their marriage was legal where celebrated? This is a huge question, […]

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Larry Tribe predicts mixed results in Supreme Court, criticizes Obama and California

4
May 14, 2013
Prop8-SCOTUS-Cop-Crowd

  The Harvard Law School website has an interview with Professor Larry Tribe with his predictions about what the Supreme Court is most likely to do in the two pending gay marriage cases: [M]y hunch – and it is only that – is that the Court will narrowly conclude that the DOMA [Defense of Marriage […]

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Marriage @ the Supreme Court: What happened in the DoMA argument?

4
March 27, 2013
Constitution-No-DOMA

“Do you think they will punt on this one too?” That was the first thing I heard this morning in the Supreme Court pressroom. And though one can never be sure of anything after an oral argument, it looks to me like there will be no jurisdictional punt on the DOMA case. Unlike the Prop […]

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Marriage @ the Supreme Court: Prep for the DoMA argument

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March 26, 2013
Edie-Windsor-Thea-Spyer

Tomorrow morning starting at 10, the Justices return for day 2 of their gay marriage marathon. In United States v. Windsor, they will decide whether the federal government must recognize the marriage, valid under New York law, of Edie Windsor (above, R) and the late Thea Spyer (L). (Photo taken early in their 44-year relationship.) […]

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