Tracking LGBT-Related Litigation in Every State

What’s Ahead for LGBTQ Non-Discrimination Litigation

To achieve a fully comprehensive law protecting Americans from discrimination based on sexual orientation and gender identity, our movement must work on multiple tracks, creating undeniable momentum that the country requires and is ready for fully inclusive non-discrimination protections ensuring no one faces unfair treatment because of who they are or who they love.

In addition to legislative work happening in statehouses and public education work happening elsewhere, part of this work is happening in the courts – and dozens of legal cases related to LGBTQ discrimination are currently pending in courts across the country.

Background: Where We Stand in the Courts

From cases where LGBTQ Americans could secure greater protections to cases in which the LGBTQ movement must defend long-held protections, litigation is being filed and pursued at a rapid pace. Each legal case provides a tremendous public education opportunity, an illustration of how discrimination strips LGBTQ people of their dignity, and a chance to highlight that a broad majority of Americans support comprehensive non-discrimination protections once and for all.

Freedom for All Americans is tracking key litigation related to LGBTQ Americans here. We are grateful for our legal partners – including the American Civil Liberties Union, GLTBQ Advocates & Defenders, Lambda Legal, the National Center for Lesbian Rights, the Transgender Law Center, the Transgender Legal Defense & Education Fund, and others – making the case against discrimination in the court of law while we support this work and push forward in the court of public opinion. You can read in-depth, primary source documents on all of these cases, and many more, at Equality Case Files.

Key Upcoming Dates
Imminent Decisions

Types of Lawsuits Currently in Court

Select a case type to view current litigation.


Where LGBTQ Litigation Stands in Federal Appellate Circuits

Nearly all of the nation’s 13 federal appellate courts have considered whether sex discrimination amounts to discrimination based on LGBTQ identity – and in recent years several of these appellate courts have issued landmark decisions in favor of LGBTQ non-discrimination. Take a look at where we stand on the question of discrimination based on sexual orientation and gender identity or expression in each circuit:


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Featured Litigation

EEOC v. R.G. & G.R. Harris Funeral Homes

Case Concerning Employment Discrimination Based on Gender Identity Under Title VII

Key Date: April 22, 2019 • Supreme Court Grants Review in Case
Status: Case Will Be Heard by the U.S. Supreme Court
Legal Team: EEOC & ACLU
Type: Employment Discrimination

The U.S. Supreme Court will review this case, which concerns whether Title VII of the Civil Rights Act of 1964 prohibits discrimination based on gender identity.

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Gerald Lynn Bostock v. Clayton County, Georgia

Case Concerning Employment Discrimination Based on Sexual Orientation Under Title VII

Key Date: April 22, 2019 • Supreme Court Grants Review in Case
Status: Case Will Be Heard by the U.S. Supreme Court
Legal Team: Buckley Beal, LLP
Type: Employment Discrimination

The U.S. Supreme Court will review this case, which concerns whether Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation.

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Horton v. Midwest Geriatric Management, LLC.

Case Concerning Employment Discrimination Based on Sexual Orientation Under Title VII

Key Date: April 17, 2019 • Oral Argument Before 8th Circuit
Status: Pending before 8th Circuit Court of Appeals
Legal Team: Private Counsel & Lambda Legal
Type: Employment Discrimination

After Mark applied for, interviewed, was offered, and accepted a job at Midwest Geriatric, LLC, the job offer was rescinded, following his disclosure to management that he was married to a man. 

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Joel Doe v. Boyertown Area School District

Case Concerning Restroom Access for Transgender Students

Key Date: April 26, 2019 • Supreme Court to Conference on Case, Before Being Rescheduled
Status: Cert. Petition Pending Before U.S. Supreme Court
Legal Team: ACLU
Type: Discrimination Targeting Transgender Students

This case is about respecting transgender students for who they are and is a part of the growing legislative and legal momentum against restricting restroom access for transgender Americans.

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Klein v. Oregon Bureau of Labor and Industries

Case Seeking Religious Exemptions from LGBTQ Non-Discrimination Laws

Key Date: April 26, 2018 • Supreme Court Conferences on Case, Takes No Action
Status: Cert. Petition Pending Before U.S. Supreme Court
Legal Team: ACLU
Type: Public Accommodations Discrimination

Klein v. Oregon Bureau of Labor & Industries concerns a business owner in Oregon who denied service to a same-sex couple because of their sexual orientation.

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Telescope Media Group v. Lindsey

Case Seeking Religious Exemption from LGBTQ Non-Discrimination Laws

Key Date: October 16, 2018 • Oral Argument Before 8th Circuit
Status: Awaiting Ruling from 8th Circuit
Legal Team: Alliance Defending Freedom
Type: Public Accommodations Discrimination

Carl and Angel Larsen own a video production company but seeks to preempt Minnesota's Human Rights Act (MHRA) which prevents discrimination in business.

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Zarda v. Altitude Express, Inc.

Case Concerning Employment Discrimination Based on Sexual Orientation Under Title VII

Key Date: April 22, 2019 • Supreme Court Grants Review in Case
Status: Case Will Be Heard by the U.S. Supreme Court
Legal Team: ACLU & Gregory Antollino
Type: Employment Discrimination

The U.S. Supreme Court will review this case, which concerns whether Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation.

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