Last week, the United States Supreme Court heard the trio of LGBT cases. I was previously on record as saying that I expected sexual orientation to be a difficult call, and the transgender plaintiff would win because discrimination occurring against transgender individuals is usually based upon stereotypes. I then read the transcript of the oral
title IX
ADA and the High School Athletic Association
Before starting the blog for this week, a couple of preliminary matters. First, about a month ago, I hit 300 blog posts. I simply could not do it without the loyal readership of the people here. Thank you! Also, my last blog entry dealing with animals on planes really took off. The Texas Bar informed…
Why Argue ADA at all in Gender Dysphoria Cases, When Title IX and the Equal Protection Clause are Available?
The case of the week asks the question why a person with gender dysphoria, would bother going with the ADA if he or she could go with title IX of the Civil Rights Act or the equal protection clause of the 14th amendment instead. Recently, the Seventh Circuit Court of Appeals held here that…
Enshrinement of unfair advantage as a legal standard: OCR, 504, and Sports
For years (every edition of my book starting with the very first edition published in 2000 has had a chapter on the ADA and sports), I’ve written about how the ADA applies to sports. The United States Department of Education Office of Civil Rights has just issued a guidance dealing with their section 504 regulations…