Glenn v. Brumby

Last updated
Vandy Beth Glenn, Sewell Brumby
US-CourtOfAppeals-11thCircuit-Seal.png
Court United States Court of Appeals for the Eleventh Circuit
Full case nameGlenn v. Brumby et al
DecidedDecember 6 2011
Citation(s)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
Judge(s) sitting Rosemary Barkett, William H. Pryor, Jr., Phyllis A. Kravitch
Case opinions
MajorityBarkett, 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]

Contents

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]

See also

Related Research Articles

<span class="mw-page-title-main">United States Court of Appeals for the Eleventh Circuit</span> Current United States federal appellate court

The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the following U.S. district courts:

The Nonintercourse Act is the collective name given to six statutes passed by the Congress in 1790, 1793, 1796, 1799, 1802, and 1834 to set Amerindian boundaries of reservations. The various Acts were also intended to regulate commerce between settlers and the natives. 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.

<i>Miles v. City Council of Augusta, Georgia</i>

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.

<i>Bridgeport Music, Inc. v. Dimension Films</i> 2005 court case about music sampling

Bridgeport Music, Inc. v. Dimension Films, 410 F.3d 792, is a 2005 court case that was important in defining American copyright law for recorded music. The case centered on the 1990 N.W.A. track "100 Miles and Runnin'", which contains a manipulated two-second sample of the 1975 Funkadelic track "Get Off Your Ass and Jam". The sample was implemented without Funkadelic's permission and with no compensation paid to Bridgeport Music, which claimed to own the rights to Funkadelic's music.

<span class="mw-page-title-main">LGBT people in prison</span> LGBTQ in prison

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.

<span class="mw-page-title-main">Julie E. Carnes</span> American judge

Julie Elizabeth Carnes is a senior United States circuit judge of the United States Court of Appeals for the Eleventh Circuit.

In the United States, the rights of transgender people vary considerably by jurisdiction. There is a coordinated national campaign by conservative/right-wing politicians and organizations to target transgender rights. In 2021, 191 anti-LGBTQ bills were introduced by these politicians, and 80 percent of them specifically sought to restrict the rights of transgender people. In 2022, over 300 anti-LGBTQ bills were introduced, of which at least 171 were anti-transgender. In 2023, over 480 anti-LGBTQ bills have been introduced as of late May. Many of these bills became law, specifically in Republican-led states, with left-leaning states vetoing said bills.

<span class="mw-page-title-main">LGBT rights in Georgia (U.S. state)</span>

Lesbian, gay, bisexual, and transgender (LGBT) residents in the U.S. state of Georgia enjoy most of the same rights and liberties as non-LGBT Georgians. LGBT 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, and same-sex marriage has been legal since 2015. In addition, the state's largest city Atlanta, has a vibrant LGBT 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.

<i>G.G. v. Gloucester County School Board</i> U.S. case dealing with transgender rights

G.G. v. Gloucester County School Board is a case dealing with transgender rights. The case involves 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, forcing a pending hearing before the Supreme Court of the United States to be vacated and the case retried at the lower courts. Due to recent case law, including the Supreme Court decision in Bostock v. Clayton County, the Fourth Circuit ruled again in favor of the student; the Supreme Court refused to hear the case, allowing the Fourth Circuit's judgment to stand.

This article addresses the legal and regulatory history of transgender and transsexual people in the United States including case law and governmental regulatory action affecting their legal status and privileges, at the federal, state, municipal, and local level, and including military justice as well.

Wilson v. Sellers, 584 U.S. ___ (2018), is a United States Supreme Court case concerning whether a federal court sitting in a habeas corpus proceeding should "look through" a summary ruling to review the last reasoned decision by a state court.

<i>Hively v. Ivy Tech Community College</i> U.S. court case

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. ___ (2020), is a landmark United States Supreme Court civil rights case in which the Court held that Title VII of the Civil Rights Act of 1964 protects employees against discrimination because they are gay or transgender.

<i>Planned Parenthood v. Rounds</i>

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.

<i>Adams ex rel. Kasper v. School Board of St. Johns County, Florida</i> Florida court case on transgender students rights to access bathrooms

Adams ex rel. Kasper v. School Board of St. Johns County, Florida is a court case from the United States Court of Appeals for the Eleventh Circuit addressing whether schools can separate bathrooms on the basis of biological sex, and thus refuse to allow transgender students to use bathrooms that match their gender identity. The case was filed by Erica Adams Kasper on behalf of Drew Adams, a minor at the time, against the school board of St. Johns County, Florida, in the United States District Court for the Middle District of Florida. The lawsuit was filed after Adams was denied access to the boys' bathrooms at Nease High School. Kasper claimed that Adams's rights were being violated on account of discriminated on the basis of sex, which is prohibited by Title IX of the Education Amendments of 1972, and a violation of the equal protection of the laws under the Fourteenth Amendment.

References

  1. 1 2 Glenn v. Brumby, 724F. Supp. 2d1284 ( N.D. Ga. 2010).
  2. 1 2 Glenn v. Brumby, 663F.3d1312 ( 11th Cir. 2011).
  3. "Hired as a man, fired as a woman". Atlanta Journal-Constitution. November 4, 2009. Retrieved 2012-06-26.
  4. Devin Dwyer (September 25, 2009). "Workplace Discrimination: Transgender Woman Urges Lawmakers to Pass Reforms". ABC News. Retrieved 2012-06-26.
  5. Laura Douglas-Brown and Dyana Bagby (July 6, 2010). "Breaking: Transgender woman wins federal lawsuit against Georgia General Assembly". The GA Voice. Retrieved 2012-06-26.
  6. "VIDEO: Eleventh Circuit upholds victory for transgender employee fired by Georgia Legislature". San Diego Gay & Lesbian News. 2011-12-06. Retrieved 2012-06-26.
  7. Dyana Bagby (December 9, 2011). "Vandy Beth Glenn may soon return to work at Ga. General Assembly". The GA Voice. Archived from the original on July 12, 2012. Retrieved 2012-06-26.