NEW YORK - Does the Civil Rights Act protect from discrimination based on sexual orientation? That's the question a federal appeals court in New York took up on Tuesday.

When Donald Zarda was fired for being gay, he sued - claiming that violated Title VII of the Civil Rights Act, which prohibits discrimination based on sex. Following a 17-year-old precedent, federal courts in New York denied the claim, but the full panel of the Second Circuit Court of Appeals agreed to hear the case.

The U.S. Justice Department is arguing against Zarda's claim, saying the law doesn't cover sexual orientation. However, according to attorney Gregory Nevins, director of the Employment Fairness Project at Lambda Legal, sexual orientation is directly tied to gender.

"If Donald Zarda had been Denise Zarda, then his attraction to men wouldn't have been an issue," Nevins said. "So, you're treating a man differently than a woman would be treated for the exact same thing - in this case, romantic attraction to men."

The federal Equal Employment Opportunity Commission ruled in 2015 that civil-rights protections do extend to sexual orientation for federal employees.

The Justice Department has said Congress has been asked to add sexual orientation to the law, but hasn't done so. However, Nevins argued that the difference between the terms "sex" and "sexual orientation" isn't the issue.

"The relevant question is, are you being treated differently because of your sex when sexual-orientation discrimination occurs? And it seems as though the obvious answer is yes," Nevins said, "because they're taking into account your sex - or otherwise there wouldn't be an issue."

The EEOC has filed an amicus brief in the case, arguing that the law does apply to sexual orientation. In April, the full federal appeals court panel in Chicago ruled Title VII does protect gay employees. Nevins said he believes a ruling in New York for Zarda could bring the issue to the Supreme Court.

"Those are two incredibly well-respected circuits that, having the full benefit of the best arguments, would have reached a conclusion diametrically opposite what the other circuits have reached," Nevins said.

Zarda died in a base-jumping accident in 2014, but the lawsuit continues on behalf of his estate.

More information is online at lambdalegal.org.


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A staggering 93% of transgender teens live in a state that has enacted or proposed legislation that would restrict their rights, according to a new report from the Williams Institute at UCLA's School of Law. Utah was the first state this year to enact a bathroom ban, and that has led to some confusion as school districts aim to come into compliance.

Elana Redfield, federal policy director is one of the report's authors and says despite the law being what she terms "more measured," as it may permit some to use the corresponding restroom under limited circumstances, it doesn't mean it is less harmful.

"Even the mere fact of discrimination being debated, of laws being debated that might potentially result in a restriction of rights or access to services, that can have mental-health outcomes," she said.

86% of transgender and nonbinary youths say debates around anti-trans bills have negatively impacted their mental health, according to The Trevor Project. The Williams Institute report also found that some states with an existing law impacting access to bathrooms also had new or carried-over bills pending in 2024, that could further limit access. Redfield said the constant uncertainty that LGBTQ people face on a daily basis is taxing and can have serious consequences.

While Utah may also have a gender-affirming care ban and is currently having its transgender sports ban challenged in court due to provisions that are likely unconstitutional and violate Title IX, Redfield said she is pleased to see similar laws failing to pass, in many cases because of people-driven initiatives.

"We see a lot of power in state governments and we see this kind of inspiring example from reproductive rights. Arizona is a great example of people power and access to reproductive care, but also Kansas, when you see that the attempts to ban gender-affirming care have not been successful, and also attempts to ban abortion have not been successful in Kansas," she continued.

Redfield added it is important to highlight that half of all transgender youths in the U.S. live in 14 states and the District of Columbia that have enacted "shield" laws, which protect doctors and parents who have sought gender-affirming care for trans youth. She added that almost 200,000 trans teens now live in states that have banned conversion therapy, one of which is Utah.


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Some New Hampshire businesses and educators say legislation targeting LGBTQ+ students is harming both kids and the state's economy as it faces a critical worker shortage.

More than two hundred businesses recently signed on to a letter to Gov. Chris Sununu saying the steady drumbeat of bills targeting transgender youths in particular is tarnishing the state's reputation.

Michelle Veasey, executive director of New Hampshire Businesses for Social Responsibility, said the bills are shortsighted.

"When our families don't feel comfortable and aren't happy, our employees are moving to other areas," Veasey pointed out. "We felt it was important to help them to understand the economic side of these decisions."

Veasey argued discriminatory policies make it harder for companies to recruit new workers to the state or convince young people to remain in New Hampshire to pursue their careers.

The New Hampshire Senate has advanced legislation to ban transgender girls from playing on girls' sports teams as well as a measure requiring teachers to inform parents about their child's behavior at school.

While the bill does not single out LGBTQ+ students, educators say it would require them to share information regarding a student's gender identity or sexual orientation.

Linds Jakows, communications and digital director for Granite State Progress and 603 Equality, said too often, such students are forced into homelessness by disapproving parents.

"This bill could have really dangerous consequences for students for whom home is not a safe place right now," Jakows emphasized.

Jakows pointed out it meant the world to have a teacher in high school to come out to when it wasn't possible at home and schools should be a safe space for all students. Jakows added forcing teachers to record what they see and hear in the hallways erodes trust among students and could drive more teachers from the profession.

A new study suggests laws in New Mexico and 22 other states to protect school-aged LGBTQ youth are having a positive impact.

According to research by the Trevor Project, suicide attempts in states with specific protections for LGBTQ youth were 18% lower, and physical violence reported by those youth was 3% lower.

Katalina Hadfield, a member of Equality New Mexico's board of directors, said she believes the state's progressive protections are due to a community-centered culture.

"Where folks are really willing to help each other out, and look out for one another," said Hadfield. "And I think that is part of what helps students in a lot New Mexico schools feel more included."

In recent decades, New Mexico has seen prominent advances in gay and lesbian rights, where same-sex sexual activity has been legal since 1975.

Last year, a bill passed in the New Mexico Legislature to remove loopholes - and explicitly include local entities and counties to prevent discrimination and human rights violations.

The Human Rights Campaign says in 2023, more than 550 - a record number - of anti-LGBTQ bills were introduced across 43 states, and more than 80 were passed into law.

Both Florida and Texas are among the top ten for introducing and passing hostile laws.

Hadfield, who grew up in New Mexico, knows several people who have left those states because they feel unwelcome and scared.

"And when you travel there," said Hadfield, "even if you run into some nice people - if you get for some reason wrapped up in the criminal justice system there, or even something as simple as a speeding ticket, you get sucked into this government system that has legislated and made a policy choice to not respect trans people."

Results from the Trevor Project were published in the online journal LGBT Health. The findings are based on responses from more than 27,000 students ages 13 to 24, in 44 states.