Vandy Beth Glenn, Sewell Brumby | |
---|---|
Court | United States Court of Appeals for the Eleventh Circuit |
Full case name | Glenn v. Brumby et al |
Decided | December 6 2011 |
Citations | 724 F. Supp. 2d 1284 (N.D. Ga. 2010), aff'd, 663 F.3d 1312 (11th Cir. 2011) |
Holding | |
Firing based on transgender status is a form of sex discrimination, associated equal protection claims are subject to intermediate scrutiny. | |
Court membership | |
Judges sitting | Rosemary Barkett, William H. Pryor, Jr., Phyllis A. Kravitch |
Case opinions | |
Majority | Barkett, joined by a unanimous court |
Glenn v. Brumby et al., 724 F. Supp. 2d 1284 (N.D. Ga. 2010), [1] aff'd, 663 F.3d 1312 (11th Cir. 2011), [2] is an American federal court case relating to the rights of transgender people. The case involved Vandy Beth Glenn, a transgender woman living in Georgia, who was dismissed from her job as a legislative editor at the Georgia General Assembly in 2007 on informing her supervisor, Sewell Brumby, of her transgender status. [3] [4]
The lawsuit claimed that the state's action violated the provisions of the Equal Protection Clause against sex-based discrimination.
Glenn prevailed in the United States District Court; [1] [5] the district court's judgment was upheld on appeal. [2] [6] [7]
The Eleventh Amendment is an amendment to the United States Constitution which was passed by Congress on March 4, 1794, and ratified by the states on February 7, 1795. The Eleventh Amendment restricts the ability of individuals to bring suit against states of which they are not citizens in federal court.
The United States Court of Appeals for the Eleventh Circuit is a federal appellate court over the following U.S. district courts:
The Nonintercourse Act is the collective name given to six statutes passed by the United States Congress in 1790, 1793, 1796, 1799, 1802, and 1834 to set boundaries of American Indian reservations. The various acts were also intended to regulate commerce between White Americans and citizens of Indigenous nations. The most notable provisions of the act regulate the inalienability of aboriginal title in the United States, a continuing source of litigation for almost 200 years. The prohibition on purchases of Indian lands without the approval of the federal government has its origins in the Royal Proclamation of 1763 and the Confederation Congress Proclamation of 1783.
William Holcombe Pryor Jr. is an American lawyer who has served as the chief judge of the United States Court of Appeals for the Eleventh Circuit since 2020. He was appointed as a United States circuit judge of the court by President George W. Bush in 2004. He is a former commissioner of the United States Sentencing Commission. Previously, he was the attorney general of Alabama, from 1997 to 2004.
Miles v. City Council of Augusta, Georgia, 710 F.2d 1542, is a United States federal court case in which the court found that the exhibition of a talking cat was an occupation for the purposes of municipal licensing law.
Diane Pamela Wood is an American attorney who serves as the director of the American Law Institute and a senior lecturer at the University of Chicago Law School. She previously served as a circuit judge on the United States Court of Appeals for the Seventh Circuit.
Lesbian, gay, bisexual, transgender and queer (LGBTQ) people face difficulties in prison such as increased vulnerability to sexual assault, other kinds of violence, and trouble accessing necessary medical care. While much of the available data on LGBTQ inmates comes from the United States, Amnesty International maintains records of known incidents internationally in which LGBTQ prisoners and those perceived to be lesbian, gay, bisexual or transgender have suffered torture, ill-treatment and violence at the hands of fellow inmates as well as prison officials.
In the United States, the rights of transgender people vary considerably by jurisdiction. In recent decades, there has been an expansion of federal, state, and local laws and rulings to protect transgender Americans; however, many rights remain unprotected, and some rights are being eroded. Since 2020, there has been a national movement by conservative/right-wing politicians and organizations to target transgender rights. There has been a steady increase in the number of anti-transgender bills introduced each year, especially in Republican-led states.
Access Now, Inc. v. Southwest Airlines Co., 227 F. Supp. 2d 1312, was a decision of the United States District Court on 18 August 2002. It concerned the nature of Title III of the Americans with Disabilities Act of 1990. The court determined that Southwest Airlines website is not a “place of public accommodation” as defined in Title III of the Americans with Disabilities Act of 1990. The case determined that the Southwest Airlines internet website was not in violation of the Americans with Disabilities Act of 1990 as the Americans with Disabilities Act (ADA) is concerned with a physical existence and hence cannot govern what it is in cyberspace. Judge Seitz also explained that the “virtual ticket counter” Southwest Airlines Co’s website was a virtual construct and hence not a “public place of accommodation” and as such “To expand the ADA to cover "virtual" spaces would be to create new rights without well-defined standards".
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Georgia enjoy most of the same rights as non-LGBTQ people. LGBTQ rights in the state have been a recent occurrence, with most improvements occurring from the 2010s onward. Same-sex sexual activity has been legal since 1998, although the state legislature has not repealed its sodomy law. Same-sex marriage has been legal in the state since 2015, in accordance with Obergefell v. Hodges. In addition, the state's largest city Atlanta, has a vibrant LGBTQ community and holds the biggest Pride parade in the Southeast. The state's hate crime laws, effective since June 26, 2020, explicitly include sexual orientation.
Powell v. The Home Depot USA, Inc., 663 F.3d 1221, was a decision by the United States Court of Appeals for the Federal Circuit on the issue of patent infringement on a "safe hands" device that Michael Powell, an independent contractor for Home Depot, created in response to injuries to the hands of associates using in-store radial arm saws. Powell invented and patented a device that eliminated the risk of injury. The Home Depot refused to pay Powell for the device and began installing the safety device on its saws without permission. In 2007, Powell sued The Home Depot for patent infringement. After a jury trial in the U.S. District Court for the Southern District of Florida, Powell was awarded damages totaling $20.8 million.
The Copyright Remedy Clarification Act (CRCA) is a United States copyright law that attempted to abrogate sovereign immunity of states for copyright infringement. The CRCA amended 17 USC 511(a):
In general. Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity, shall not be immune, under the Eleventh Amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal Court by any person, including any governmental or nongovernmental entity, for a violation of any of the exclusive rights of a copyright owner provided by sections 106 through 122, for importing copies of phonorecords in violation of section 602, or for any other violation under this title.
G.G. v. Gloucester County School Board was a court case dealing with transgender rights in the United States. The case involved a transgender boy attending a Virginia high school, who sued the local school board after he was forced to use girls' restrooms based on his assigned gender under the school board's policy. While the Fourth Circuit ruled in favor of the student based on Obama administration policy related to Title IX protections, the election of Donald Trump changed the underlying policy. A pending hearing before the Supreme Court of the United States was vacated and the case was sent back to the Fourth Circuit.
The legal and regulatory history of transgender and transsexual people in the United States begins in the 1960s. Such legislation covers federal, state, municipal, and local levels, as well as military justice. It reflects broader societal attitudes which have shifted significantly over time and have impacted legislative and judicial outcomes.
Kimberly Hively v. Ivy Tech Community College, 853 F.3d 339, was a decision of the United States Court of Appeals for the Seventh Circuit in which the Court held that discrimination on the basis of sexual orientation violates Title VII of the Civil Rights Act of 1964. The ruling made the Seventh Circuit the first federal appeals court to find that sexual orientation is a protected class under the Civil Rights Act of 1964.
R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, 590 U.S. ___ (2020), is a landmark United States Supreme Court case which ruled that Title VII of the Civil Rights Act of 1964 protects transgender people from employment discrimination.
Bostock v. Clayton County, 590 U.S. 644 (2020), is a landmark United States Supreme Court civil rights decision in which the Court held that Title VII of the Civil Rights Act of 1964 protects employees against discrimination because of sexuality or gender identity.
Planned Parenthood v. Rounds, 686 F.3d 889, is an Eighth Circuit decision addressing the constitutionality of a South Dakota law which forced doctors to make certain disclosures to patients seeking abortions. The challenged statute required physicians to convey to their abortion-seeking patients a number of state-mandated disclosures, including a statement that abortions caused an "[i]ncreased risk of suicide ideation and suicide." Planned Parenthood of Minnesota, North Dakota, South Dakota, along with its medical director Dr. Carol E. Ball, challenged the South Dakota law, arguing that it violated patients' and physicians' First Amendment free speech rights and Fourteenth Amendment due process rights. After several appeals and remands, the Eighth Circuit, sitting en banc, upheld the South Dakota law, holding that the mandated suicide advisement was not "unconstitutionally misleading or irrelevant," and did "not impose an unconstitutional burden on women seeking abortions or their physicians." This supplemented the Eighth Circuit's earlier rulings in this case, where the court determined that the state was allowed to impose a restrictive emergency exception on abortion procedures and to force physicians to convey disclosures regarding the woman's relationship to the fetus and the humanity of the fetus.
Uzuegbunam v. Preczewski, 592 U.S (2021), is a decision by the Supreme Court of the United States, dealing with nominal damages to be awarded to individuals whose right to freedom of speech has been suppressed by an entity but subsequently rendered moot due to intervening circumstances. In an 8–1 decision, the Court held that such nominal damages satisfy the Article Three requirement of redressability, when awarded for a past violation of a legal rights.