SCOTUS to Hear Trans Rights Arguments Today

Diana Hignutt · Oct 8, 2019

The court will hear oral arguments on Tuesday in R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, a case that will decide if transgender people are entitled to sex-based protections under Title VII of the 1964 Civil Rights Act. Stephens, the plaintiff in the case, was working as a funeral director and embalmer when she came out as a trans woman in 2013, informing her employer with a letter explaining why her transition was necessary for her quality of life. Shortly thereafter, she was fired. Stephens filed a complaint with the EEOC claiming she was discriminated against because of her sex.
Whatever the nine cisgender Supreme Court justices decide will have a lasting effect on the lives of every trans person in the US. If Stephens gets a favorable decision from the conservative-leaning court, trans people will have explicit nondiscrimination protections under federal law for the first time in history. A loss would be a dramatic step back in the equal standing of trans people under the law.

https://www.vox.com/latest-news/201...sion-employment-discrimination-aimee-stephens

A big day today for every trans American. Today is the day that begins the enshrinement or removal of the rights of trans Americans. Personally, given the make-up of the SCOTUS, I don't like our chances. And once that happens, look for the current Administration to go on the offensive against us. A year and a half ago, fearing a bad outcome of the state of affairs of trans rights in America, I attempted and failed to establish a trans asylum colony in the South of France. It looks now more than ever that that was probably not a bad plan. Keep a kind thought today for trans Americans, as we need every ounce of goodwill we can get. Winter is coming.

As an incidental note, I picked this article from VOX because it was the top google search for me. I noticed just now that it was written by Katelyn Burns, a journalist that I know, who also happens to be trans.

Lyv · Oct 8, 2019

Thank you for the article. I am so sorry this is even happening.

Woke up to texts from friends who are in DC. I'm worried and heartsick.

Marissa D · Oct 8, 2019

Thank you for posting that, Diana. Will be watching closely.

lizmonster · Oct 8, 2019

Enraged, worried, and watching very closely here.

ElaineA · Oct 8, 2019

I'll be keeping you and the entire trans community in my thoughts today especially, Diana. You've known and believed the evidence of your eyes (and ears) since before day one. I'm so sorry everything you feared has come to pass so quickly.

Introversion · Oct 8, 2019

I don't pray, Diana, but I'm wishing for Roberts to be a relative voice of sanity here.

Marian Perera · Oct 8, 2019

Thanks, Diana. I hope the correct decision will be made.

Roxxsmom · Oct 8, 2019

I'm watching this too. Hoping for a breath of sanity, but fearing the worst.

ElaineA · Oct 8, 2019

I'm reading several Twitter live-threads (from when it was happening.) What I'm taking away is that most think the ruling will go 5-4 against, on the grounds of "judicial restraint," rather a more pointed ruling outright stating trans people aren't entitled to workplace protections. Basically, that congress should put the rights explicitly into law.

Not likely a win, but at least fixable IF we can get a congress (and President) that will get that done. Yet one more reason for progressive voters to come out in droves.

Diana Hignutt · Oct 8, 2019

Looks like Roberts could be the swing vote, and Gorsuch at least expressed sympathy for the fired LGBT employees in one of the cases. Hope, maybe. We'll find out next year most likely.

https://www.bbc.com/news/world-us-canada-49966287

Lyv · Oct 8, 2019

I'm following on Scotusblog, too.

Roxxsmom · Oct 9, 2019

Diana Hignutt said:
Looks like Roberts could be the swing vote, and Gorsuch at least expressed sympathy for the fired LGBT employees in one of the cases. Hope, maybe. We'll find out next year most likely.

https://www.bbc.com/news/world-us-canada-49966287

Yeah, though Gorsuch's questions seem to be more skeptical of the LGBTQ position than not overall. We probably won't hear a decision before spring at the earliest. It's sad and frustrating to see nine highly privileged people splitting legalistic hairs over something that will affect the very livelihoods of many Americans. Easy for them to say it should be a matter for the legislative branch when Congress is so divided.

As if there wouldn't be legal challenges to a law extending protected class status to LGBTQ people if both houses of Congress did pass one.

Alan Yee · Oct 9, 2019

As a member of the LGBTQ+ community with a transgender spouse, I’ve been anxiously anticipating these cases ever since they were scheduled to be heard by the Supreme Court. It doesn’t help that I’m not overly confident with this specific court. And I hate that we likely won’t hear a decision until spring or summer. And the thought that any Supreme Court decision can create a precedent that could either accelerate progress rapidly or set back progress for years is really nerve-wracking.

SCOTUS to Hear Trans Rights Arguments Today

Diana Hignutt

Very Tired

Lyv

I meant to do that.

Marissa D

Scribe of the girls in the basement

lizmonster

Possibly A Mermaid Queen

ElaineA

All about that action, boss.

Introversion

Pie aren't squared, pie are round!

Marian Perera

starting over

Roxxsmom

Beastly Fido