SUPREME COURT NOTEBOOK: Gender pronouns part of LGBT fight

Legal Marketing

Dozens of legal briefs supporting fired funeral director Aimee Stephens at the Supreme Court use “she” and “her” to refer to the transgender woman.

So does the appeals court ruling in favor of Stephens that held that workplace discrimination against transgender people is illegal under federal civil rights law.

But in more than 110 pages urging the Supreme Court to reverse that decision, the Trump administration and the Michigan funeral home where Stephens worked avoid gender pronouns, repeatedly using Stephens’ name.

Stephens’ case is one of two major fights over LGBT rights that will be argued at the high court on Oct. 8. The other tests whether discrimination on the basis of sexual orientation also violates the provision of the landmark Civil Rights Act of 1964, known as Title 7, that prohibits employers from discriminating on the basis of sex. The cases are expected to be decided by next spring, during the presidential election campaign.

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