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:


Explore the Litigation Tracker
or

Featured Litigation

Adams v. School Board of St. John’s County, Florida

Case Concerning Restroom Access for Transgender Students

Key Date: August 23, 2018 • Pending Before the 11th Circuit
Status: Appeal Pending Before 11th Circuit
Legal Team: Lambda Legal
Type: Discrimination Targeting Transgender Students

On June 28, 2017, Lambda Legal filed a sex discrimination case in the Eleventh District Court on behalf on John Adams, a 16-year old male student who was denied access to the boys' restroom because he is transgender.

Read More

Altitude Express, Inc. v. Zarda

Case Concerning Employment Discrimination Based on Sexual Orientation Under Title VII

Key Date: October 8, 2019 • Supreme Court Oral Argument in Case
Status: Case Pending Before 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.

Read More

Gerald Lynn Bostock v. Clayton County, Georgia

Case Concerning Employment Discrimination Based on Sexual Orientation Under Title VII

Key Date: October 8, 2019 • Supreme Court Oral Argument in Case
Status: Case Pending Before 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.

Read More

Horton v. Midwest Geriatric Management, LLC.

Case Concerning Employment Discrimination Based on Sexual Orientation Under Title VII

Key Date: April 25, 2019 • Case Put On Hold Pending SCOTUS Resolution in Title VII Cases
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. 

Read More

Joel Doe v. Boyertown Area School District

Case Concerning Restroom Access for Transgender Students

Key Date: May 28, 2019 • U.S. Supreme Court Denies Review
Status: Cert. Petition Denied by 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.

Read More

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

Case Concerning Employment Discrimination Based on Gender Identity Under Title VII

Key Date: October 8, 2019 • Supreme Court Oral Argument in Case
Status: Case Pending Before 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.

Read More

Sharonell Fulton et al. v. City of Philadelphia

Case Concerning Discrimination in Adoption

Key Date: October 10, 2019 • Briefs Opposing Cert Due to U.S. Supreme Court
Status: Pending before U.S. Supreme Court
Legal Team: The Becket Fund for Religious Liberty
Type: Other LGBT Litigation

On June 5, lawyers for the plaintiff filed a motion for a temporary restraining order and a preliminary injunction to prevent the city of Philadelphia from terminating a contract with Catholic Social Services of the Archdiocese of Philadelphia..

Read More
View All Litigation