Sexual Orientation and Gender Identity Coming to Supreme Court

Ed Whelan discusses the Supreme Court's decision to review three cases addressing sexual orientation and gender identity.


Whelan writes:

"For a road map on how I think the Court should, and how I think it will, decide these cases, I highly recommend Second Circuit judge Gerard E. Lynch’s 74-page dissenting opinion in the Zarda case. In his dissent, Judge Lynch concludes that the original “public meaning” of Title VII’s ban on discrimination on the basis of sex does not extend to discrimination on the basis of sexual orientation. He also persuasively explains how this conclusion fits within the broader context of Title VII rulings. Judge Debra Livingston joined the major parts of his dissent, and Judge Reena Raggi likewise stated that her own dissent was “substantially for the reasons stated by Judge Lynch” in those parts."


Here is his complete post.

Recent Posts

See All

The Left's Pack Attack

The purpose of this report is to provide you with an update on the status of the left’s attempt to pack and expand the size of the United States Supreme Court. Much of the debate surrounding the Supre

JAG Files Brief for IFA to End Abortion!

On July 29, 2021 Judicial Action Group filed a brief, with co-counsel, William J. Olson, in the United States Supreme Court on behalf of Intercessors for American in the pro-life Dobbs case. Read the

Supremes Take Abortion Case

The U.S. Supreme Court agreed on May 17 to take a major abortion case. The case is a challenge to a Mississippi law that would make most abortions after 15 weeks illegal. Read more.