List of LGBTQ-related cases in the United States Supreme Court

549:"We first register our disagreement with the Court of Appeals and with that the Court's prior cases have construed the Constitution to confer a right of privacy that extends to homosexual sodomy and, for all intents and purposes, have decided this case." "Accepting the decisions in these cases, ... we think it evident that none of the rights announced in those cases bears any resemblance to the claimed constitutional right of homosexuals to engage in acts of sodomy that is asserted in this case. No connection between family, marriage, or procreation, on the one hand, and homosexual activity, on the other, has been demonstrated, either by the Court of Appeals or by ." 759:, specifically the rights of groups to determine what message their activities convey to the public. The Court ruled that private organizations, even if they were planning on and had permits for a public demonstration, were permitted to exclude groups if those groups presented a message contrary to the one the organizing group wanted to convey. Addressing the specific issues of the case, the Court found that private citizens organizing a public demonstration may not be compelled by the state to include groups who impart a message the organizers do not want to be presented by their demonstration, even if the intent of the state was to prevent discrimination. 562:

language or design of the Constitution. That this is so was painfully demonstrated by the face-off between the Executive and the Court in the 1930's, which resulted in the repudiation of much of the substantive gloss that the Court had placed on the Due Process Clauses of the Fifth and Fourteenth Amendments. There should be, therefore, great resistance to expand the substantive reach of those Clauses, particularly if it requires redefining the category of rights deemed to be fundamental. Otherwise, the Judiciary necessarily takes to itself further authority to govern the country without express constitutional authority.

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Sodomy was a criminal offense at common law, and was forbidden by the laws of the original 13 States when they ratified the Bill of Rights. In 1868, when the Fourteenth Amendment was ratified, all but 5 of the 37 States in the union had criminal sodomy laws. ... Against this background, to claim that a right to engage in such conduct is 'deeply rooted in this Nation's history and tradition' or 'implicit in the concept of ordered liberty' is, at best, facetious." And White emphasized that the Court should exercise

449: 991:. More generally, the court ruled that a private organization such as the BSA may exclude a person from membership when "the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints". In a 5-4 decision, the Supreme Court ruled that opposition to homosexuality is part of BSA's "expressive message" and that allowing homosexuals as adult leaders would interfere with that message. 461:, 729 F.2d 1270 (10th Cir. 1984), is a decision by the Court of Appeals for the Tenth Circuit that upheld in part, and struck down in part, a law allowing schools to fire teachers for public homosexual conduct. It was the first federal appellate court decision to deny that sexual orientation is a suspect classification. It was affirmed by an equally divided vote in the 1300:, the Court wrote that the First Amendment "shield Westboro from tort liability for its picketing" because the speech was made on a matter of public concern and did not disrupt the funeral. The First Amendment provides special protection to public issues because it serves "the principle that debate on public issues should be uninhibited, robust, and wide-open." 3369: 2959: 542:. White used three modes of analysis in determining whether sodomy was constitutionally protected: 1) precedents dealing with childrearing and education, procreation, marriage, contraception, and abortion (as the 11th Circuit Court outlined), 2) the plausibility of finding that there is a fundamental right to engage in sodomy, and 3) 104:. In that issue, the Post Office objected to "Sappho Remembered", a story of a lesbian's affection for a twenty-year-old "girl" who gives up her boyfriend to live with her, the lesbian, because it was "lustfully stimulating to the average homosexual reader"; "Lord Samuel and Lord Montagu", a poem about homosexual 1923:, the Colorado Anti-Discrimination Act. The commission found that the bakery had discriminated against the couple and issued specific orders for the bakery. Following appeals within the state, the Commission's decision against the bakery was affirmed, so the bakery took the case to the U.S. Supreme Court. 1756:, the Court examined the nature of fundamental rights guaranteed to all by the Constitution, the harm done to individuals by delaying the implementation of such rights while the democratic process plays out, and the evolving understanding of discrimination and inequality that has developed greatly since 1796:

ruled that the state did not have to recognize the adoption judgment, saying that the Georgia court misapplied its own state law. The court voided the recognition of the adoption judgment in Alabama. V.L. petitioned the United States Supreme Court to stay the ruling during her appeal and allow her to

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reversed, holding that the protesters' signs were "rhetorical hyperbole" and "figurative expression" and were therefore protected speech under the First Amendment. On appeal to the U.S. Supreme Court, the Court ruled in favor of Phelps, holding that speech made in a public place on a matter of public

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The last mode of analysis was the rational basis test. Hardwick had asserted "that there must be a rational basis for the law, and that there is none in this case other than the presumed belief of a majority of the electorate in Georgia that homosexual sodomy is immoral and unacceptable. This is said

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concerning the adoption rights of same-sex couples. In 2007, a Georgia Superior Court granted adoption rights to V.L., the partner of E.L., the woman who gave birth to their three children. However, after moving back to Alabama, the couple split up. E.L. tried to block V.L. from seeing the children,

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The Supreme Court struck down the sodomy law in Texas in a 6–3 decision, and by extension invalidated sodomy laws in 13 other states, making all forms of private, consensual non-procreative sexual activities between two consenting individuals of either sex (especially of the same sex) legal in every

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Next, White rejected the prospect that the Court could "announce, as the Court of Appeals did, a fundamental right to engage in homosexual sodomy. This we are quite unwilling to do." He canvassed the history of sodomy laws in the United States: "Proscriptions against that conduct have ancient roots.

3660:(2015) ("The Court now holds that same-sex couples may exercise the fundamental right to marry. ... he State laws challenged by Petitioners in these cases are now held invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples."). 2171:

was a funeral home employee who had presented herself as male up until 2013. On July 31, 2013, she wrote to her employer, the Harris Funeral Homes group, so that they could be prepared for her decision to undergo gender reassignment surgery, telling them that after a vacation, she planned to return

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The case involved Donald Zarda, a skydiving instructor for Altitude Express who had told a female customer of his gay identity to make her more comfortable being attached to him during a skydive. She and her boyfriend later expressed their objections to Altitude, leading to Zarda's dismissal on the

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due to his history of homosexual activities. The Act itself did not specify homosexuality among its exclusion criteria, but the Court held that Congress clearly intended that a homosexual individual be excluded from entry into the United States as one "afflicted with psychopathic personality." The

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In a 7–2 decision, the Court ruled that the Commission did not employ religious neutrality, violating Masterpiece owner Jack Phillips's rights to free exercise, and reversed the Commission's decision. The Court did not rule on the broader intersection of anti-discrimination laws, free exercise of

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declared Section 3 of DOMA to be unconstitutional "as a deprivation of the liberty of the person protected by the Fifth Amendment". He further wrote: "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its

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stated that the amendment lacked "a rational relationship to legitimate state interests", and the dissent stated that the majority "evidently agrees that 'rational basis'—the normal test for compliance with the Equal Protection Clause—is the governing standard". The state constitutional amendment

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reversed the decision, concluding Title VII did include protection for transgender people, which Harris Funeral Homes petitioned the Supreme Court to review. About a month before the Supreme Court decision, Stephens died from health complications. Representation of her case continued through her

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Nor are we inclined to take a more expansive view of our authority to discover new fundamental rights imbedded in the Due Process Clause. The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the

497:. The Circuit Court reasoned that because the Supreme Court had found there to be constitutional rights to childrearing and education, procreation, marriage, contraception, and abortion, it was inevitable that there is a constitutional right to private, consensual sodomy as well. 1847:

decisions are issued from the Court as an institution, these opinions all lack the attribution of authorship or joining votes to specific justices. All justices on the Court at the time the decision was handed down are assumed to have participated and concurred unless otherwise

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review. Because the city allowed for exceptions to be made in its anti-discrimination policy for foster care certification, the Court deemed the city's refusal to grant an exemption for Catholic Social Services as violating its free exercise of religion under

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to be an inadequate rationale to support the law. The law, however, is constantly based on notions of morality, and if all laws representing essentially moral choices are to be invalidated under the Due Process Clause, the courts will be very busy indeed."

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was the first U.S. Supreme Court ruling to deal with homosexuality and the first to address free speech rights with respect to homosexuality. The justices supporting the reversal were Frankfurter, Douglas, Clark, Harlan, and Whittaker. As an affirmation of

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On June 15, 2020, the Court ruled in a 6–3 decision covering all three cases that discrimination on the basis of sexual orientation or gender identity is necessarily also discrimination "because of sex" as prohibited by Title VII. According to Justice

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In a unanimous judgment on June 17, 2021, the Court ruled that the city's refusal due to the agency's same-sex couple policy violated the Free Exercise Clause. The case was decided on narrow grounds outside of the Supreme Court's prior decision in

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told its readers: "For the first time in American publishing history, a decision binding on every court now stands. ... affirming in effect that it is in no way proper to describe a love affair between two homosexuals as constitut(ing)

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The magazine, represented by a young attorney who had authored the cover story in the October 1954 issue, Eric Julber, brought suit in U.S. District Court seeking an injunction against the Postmaster. In March 1956, U.S. District Judge

1079:. Garner's former boyfriend had called the police, claiming that there was a man with a weapon in the apartment. Sheriff's deputies said they found the men engaging in sexual intercourse. Lawrence and Garner were charged with a 3375: 2965: 1815: 2019:'s majority opinion, that is so because employers discriminating against gay or transgender employees accept a certain conduct (e.g., attraction to women) in employees of one sex but not in employees of the other sex. 63:. It was the first U.S. Supreme Court ruling to deal with homosexuality and the first to address free speech rights with respect to homosexuality. The Supreme Court reversed a lower court ruling that the gay magazine 2115:, a similar case of sexual orientation discrimination from the Eleventh Circuit but which ruled that Title VII did not cover such discrimination. Oral arguments were heard on October 8, 2019, alongside the case 743: 734: 120:

ruled for the defendant. He wrote: "The suggestion advanced that homosexuals should be recognized as a segment of our people and be accorded special privilege as a class is rejected." A three-judge panel of the

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The judgment does not recognize a constitutional right to certain sexual activities such as prostitution, bestiality, and incest, due to other metrics, such as the perceived inherent harm that these activities

415: 3583: 1064:. It based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of non-interference with any or all forms of private sexual activities between 1262:", and "You're Going to Hell", among others. Snyder's father, Albert Snyder, filed a lawsuit seeking damages from Phelps and the Westboro Baptist Church, claiming that their picketing was meant to 3930: 3903: 3829: 1333: 418:

ruled, by 2 to 1, that the statute was not unconstitutional. On March 29, 1976, the Supreme Court summarily affirmed the decision without oral argument or written decision. Justices Brennan,

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claim of misconduct. Zarda filed suit in 2014 on the basis of employment discrimination, and though Zarda died in a parachuting accident that year, his family continued the legal battle.

2333:. In a 6–3 decision, the Court found for a website designer, ruling that the state of Colorado cannot compel the designer to create work that violates her values. The case follows from 220:, the Supreme Court facilitated the flourishing of a gay and lesbian culture and a sense of community" at the same time as the federal government was purging homosexuals from its ranks. 2335: 2176:

helped to represent Stephens in court. The District Court ruled for the funeral homes, stating Title VII did not cover transgender people and that as a religious organization under the

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to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with equal rights and responsibilities. Prior to

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and whom the BSA had expelled from the organization for that reason. Subsequently, the BSA lifted their bans on gay scouts and gay leaders in 2013 and 2015, respectively.

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617 (2018), which had dealt with similar conflict between free speech rights and Colorado's anti-discrimination laws but had been decided on narrower grounds.

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and requires states to issue marriage licenses to same-sex couples and to recognize same-sex marriages validly performed in other jurisdictions. This established

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invalidated similar laws throughout the United States that criminalized sodomy between consenting adults acting in private, whatever the sex of the participants.

1550:(2015), the Court struck down all state bans on same-sex marriage, ruling that marriage is guaranteed to same-sex couples by both the Due Process Clause and the 1685: 659:

legislation. In effect, the Court ruled that a state may consider whether a crime was committed or initially considered due to an intended victim's status in a

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filed by V.L. On March 7, 2016, the Supreme Court of the United States reversed the decision of the Alabama Supreme Court by per curiam summary disposition.

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Between January 2012 and February 2014, plaintiffs in Michigan, Ohio, Kentucky, and Tennessee filed federal district court cases that culminated in

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In 1998, John Geddes Lawrence Jr., an older white man, was arrested along with Tyron Garner, a younger black man, at Lawrence's apartment in

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concern cannot be the basis for a claim of tort liability for intentional infliction of emotional distress. In an 8–1 decision delivered by

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in December 2012 and handed down its judgment on June 26, 2013. In the majority opinion, which was joined by four other justices, Justice

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about 1,000 feet from where the funeral was being held, protesters displayed placards that read "Thank God for Dead Soldiers", "God Hates

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The case is notable for its ruling that photographs of nude men are not obscene, an implication which opened the U.S. mail to nude male

2105:, and then ruled in a 10-3 decision that Title VII does protect employees from discrimination based on sexual orientation, adding to a 522:(see above) voted to uphold the Virginia ban on sodomy, now voted to strike down the Georgia ban, joining the three who dissented from 3204: 2806: 2406: 2154: 2077: 1966: 1877: 1832: 1788: 1641: 1365: 1294: 1224: 791: 691: 636: 597: 462: 268: 260: 3021:

First Amendment--Penalty Enhancement for Hate Crimes: Content Regulation, Questionable State Interests and Non-Traditional Sentencing

3285: 3258: 3231: 3172: 2177: 1628: 1279: 359:, which effectively denied that homosexual couples have a constitutional right to get married. This ruling was later overturned in 3020: 2598:

Julber's article was "You Can't Print It!", about how to steer clear of government censorship policies. He represented One, Inc.

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dressed in female attire that otherwise followed the employee handbook. She was fired shortly after the letter was sent, and the

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in which the Court held that speech made in a public place on a matter of public concern cannot be the basis of liability for a

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in which the Court held that magazines consisting largely of photographs of nude or near-nude male models are not considered "

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began to extend other federal rights, privileges, and benefits to married same-sex couples. Two years later, in the case of

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involved questions of whether a U.S. state's anti-discrimination laws can require designers to create works that recognize

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ruled that a prison official's "deliberate indifference" to a substantial risk of serious harm to an inmate violates the

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marriage laws, sought to protect in personhood and dignity." Four justices filed dissenting opinions, including Justice

1390: 1109:, which denied his request for appeal. Lawrence then appealed to the U.S. Supreme Court, which agreed to hear his case. 695: 216:, the case itself has proved most important for, in the words of one scholar, "its on-the-ground effects. By protecting 3882: 2318: 2236: 1448: 601: 502: 321: 126: 100:

Otto Olesen declared the October 1954 issue "obscene, lewd, lascivious and filthy" and therefore unmailable under the

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which dealt with Title VII and employment protections for transgender people. The Court ruled in a 6–3 decision for

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see her children. On December 14, 2015, the Supreme Court stayed the ruling pending their action on a petition for a

2313: 2303: 1247: 1496:, but was barred from doing so by Section 3 of DOMA. Seeking a refund, Windsor sued the federal government in the 3856: 3606: 2449: 2193: 2125:, covering all three cases, on June 15, 2020, that Title VII protections do apply to gay and transgender persons. 2111: 1950: 1940: 1689: 1684:, same-sex marriage had already been established by statute, court ruling, or voter initiative in 36 states, the 1099:, which ruled in 2000 that the sodomy law was unconstitutional. Texas appealed to have the court rehear the case 799: 112:, a magazine containing homosexual pulp romance stories, that would direct the reader to other obscene material. 3806: 2862: 2207:

but covering all three cases on June 15, 2020, that Title VII protection extends to gay and transgender people.

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which dealt with Title VII protection related to sexual orientation. The Court ruled in a 6–3 decision under

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religion, and freedom of speech, due to the complications of the Commission's lack of religious neutrality.

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in public accommodations—in particular, by refusing to provide creative services, such as making a custom

1703: 1536: 1324: 1314: 1105:, and in 2001 it overturned its prior judgment and upheld the law. Lawrence appealed this decision to the 980: 539: 1481:, had their marriage recognized by the state of New York in 2008; Spyer died in 2009, leaving her entire 3786: 3760: 3744: 3728: 3657: 3584:"Supreme Court strikes down Defense of Marriage Act, paves way for gay marriage to resume in California" 3542: 3427: 3360: 3335: 3310: 3119: 3094: 2988: 2979: 2950: 2925: 2841: 2789: 2695: 2686: 2678: 2344: 1959: 1881: 1587: 1406: 1345: 1271: 1001: 984: 841: 631: 622: 543: 286: 179: 153: 145: 3067: 448: 275:, which prohibits the mailing of obscene material. It was the first case in which the Court engaged in 167:

Solicitor General Rankin, Acting Assistant Attorney General Leonard and Samuel D. Slade for respondent.

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that had determined that New Jersey's public accommodations law required the BSA to readmit assistant

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case in which the Court upheld Clive Michael Boutilier's deportation from the United States under the

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is granted and the judgment of the United States Court of Appeals for the Ninth Circuit is reversed.

101: 3066:" (Press release). Stop Prisoner Rape (now Just Detention International). 1994-06-07. Archived from 2087:

employees could not be discriminated against on the basis of sexual orientation or gender identity.

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by his male co-workers with the acquiescence of his employer. The Court held that the protection of

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The plaintiff, Gerald Bostock, was fired from his county job after he expressed interest in a gay

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but V.L. filed a lawsuit seeking visitation and other parental rights. On September 18, 2015, the

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that effectively allowed same-sex marriage in California to resume. Following the decision, the

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Hard to Imagine: Gay Male Eroticism in Photography and Film from Their Beginnings to Stonewall,

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LGBT rights in the United States § History of U.S. Supreme Court decisions on LGBT rights

2370: 2358: 2027: 1905: 1723: 1188: 1057: 1032: 1022: 924: 852: 708: 686: 677: 535: 423: 419: 140: 3275: 3221: 2109:. The Supreme Court accepted Altitude Express's petition and consolidated the case alongside 2718: 2260: 1749: 1653: 1593: 1509: 1493: 1478: 1215: 1205: 1053: 1049: 976: 920: 752: 527: 333:, which rejected sexual orientation as a basis for excluding an individual from immigration. 56: 2991: 2810: 2681: 3778: 2832: 2281: 1841:

opinions during its 2016 term, which began October 3, 2016 and concluded October 1, 2017.

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ruled that Section 3 of DOMA was unconstitutional, and her ruling was affirmed by the

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ruled in Snyder's favor and awarded him a total of $ 10.9 million in damages, but the

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