On February 6, the 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.
Two Nonprofit Evangelical Groups File Multiple Lawsuits Claiming That Christian Businesses and Churches May Fire or Not Hire LGBTQ Workers as a Constitutional Right
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.
Three-Judge Panel of the U.S. Fifth Circuit Court of Appeals Upholds Texas College Campus Concealed Carry Law
On Thursday, August 16, 2018, a three-judge panel of the United States Court of Appeals for the Fifth Circuit affirmed a Texas District Court's dismissal of a lawsuit brought by three University of Texas at Austin professors. Professors Jennifer Lynn Glass, Lisa Moore, and Mia Carter challenged a Texas law permitting the concealed carry of handguns on the University of Texas campus, along with a University of Texas policy forbidding professors from banning concealed weapons in classrooms.
Seven states—Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, and West Virginia—have filed a lawsuit against the Trump administration in federal court in Brownsville, Texas, calling for an end to the Deferred Action Childhood Arrivals program (DACA). The complaint alleges that President Obama exceeded his constitutional authority in creating the Deferred Action for Childhood Arrivals program (DACA).
On March 13, 2018 the United States Fifth Circuit Court of Appeals issued an opinion regarding Texas Senate Bill 4 (SB4), a Texas law that forbids "sanctuary city" policies throughout the state, and held that SB4's provisions, with one exception, did not violate the Constitution. Read the opinion summary and opinion on Justia.
Coalition of Law Firms, Professors Files Several Lawsuits Alleging Electoral College Is Unconstitutional
Noted litigator David Boies is coordinating a multi-state effort to challenge the Electoral College in federal court. Led by Boies, several prominent law firms and professors have filed four lawsuits in four different states challenging the voting system as unconstitutional.