Last week, Judge William Alsup of the US District Court for the Northern District of California joined federal courts in New York and Washington state in striking down the Denial of Care Rule put forth by the US Department of Health and Human Services earlier this year. Judge Alsup declared the rule, which would permit health care workers to decline to provide services, care, or information to patients due to the worker's personal religious or moral beliefs, discriminatory and unconstitutional.
On February 1, 2019, New Jersey joined Washington, Oregon, and California as the fourth U.S. state to allow its residents to change the gender designation on their birth certificates to reflect a gender-neutral identity. New York City has a law that allows residents to change their birth certificates accordingly as well. The New Jersey law covers transgender individuals who have undergone gender affirming surgery or simply identify as a gender different from what was assigned to them at birth. This includes non-binary individuals who may not identify strictly as male or female. The aim is to allow each individual to make a choice about their own identity, according to New Jersey Health Commissioner Shereef Elnahal. The options now available to New Jersey residents are ‘male,’ ‘female,’ and a third option called ‘undesignated’ or ‘non-binary.’
On February 6, a panel of the US Court of Appeals for the Fifth Circuit held that Title VII of the Civil Rights Act of 1964—which protects employees from discrimination on the basis of race, color, religion, sex, and national origin—does not protect employees from discrimination on the basis of transgender identity. In doing so, the court also affirmed its own 1979 decision that Title VII does not protect employees from discrimination on the basis of sexual orientation. That interpretation of Title VII is at odds with the present interpretation by the Equal Employment Opportunity Commission (EEOC)—the agency charged with enforcing Title VII—as well as that of several other federal circuit courts.
On Saturday, October 6, 2018, U.S. Pastors Council and Texas Values filed multiple lawsuits in state and federal courts alleging that Christian businesses and churches may fire or not hire LGBTQ workers as a constitutional right. One of the filed lawsuits challenges the Civil Rights Act of 1964, which prohibits employers from discriminating against job candidates and workers on the basis of race, color, religion, sex, and national origin.The two other filed suits challenge part of an Austin, TX city ordinance that prohibits employers from discriminating against all the protected classes outlined in the Civil Rights Act of 1964 as well as sexual orientation and gender identity.