Sunday, November 22, 2009


Case law

The following are cases either involving trans issues or ones that have bearing on trans issues. Not all are actually considered case law in that some were not heard at the appellate level. Westlaw was unavailable to me, so citations are incomplete. These are VERY brief synopses of cases.

1. Bell v. County of Los Angeles, 2008…unreasonable searches of a trans inmate; the court rejected constitutional claims made by plaintiff; opinion was unpublished.

2. Birden v. City of New York, 2009…workplace gender discrimination; outcome pending or unknown.

3. Blatt v. Manpower, Inc, 2007…workplace gender discrimination…defendant wanted genitalia photos from plaintiff; outcome pending or unknown.

4. Boseman v. Jarrell, 2009…lesbian adoption issue; appellate court upheld trial verdict in favor of plaintiff; plaintiff’s adoption of defendant’s minor child is not voided.

5. Brant v. Chop Shop, 2009…sexual stereotyping, sexual discrimination, TITLE VII; plaintiff fired for alleged dress code violations; outcome pending or unknown.

6. Broussard v Park Central, 2009…gender discrimination allegations due to restrictive bathroom policy for patrons of nightclub; outcome pending or unknown.

7. Bumpus v. New York City Authority, 2006, gender identity discrimination on part of defendant against plaintiff; outcome pending or unknown.

8. Calewarts v Circuit Court for Brown County, WI, 2007, Birth Certificate amendment refused, court upholds; opinion unpublished.

9. Casillas v. Daines, 2008…discrimination charges stemming from refusal to provide plaintiff, an inmate in a New York penal facility, with treatment for GID diagnosis. Court found for defendant and state.

10. Cook v. PC Connection, 2008…workplace discrimination by refusal to hire; outcome pending or unknown.

11. Cordero v. Epstein, 2006…sexual assault charges dismissed after statute of limitations expiration and inability of plaintiff to extend statute under extenuating duress circumstances.

12. Cordero v. New York Post, 2009, libel allegations against defendant dismissed in its coverage of preceding case.

13. Crawford v. Marion County Election Board, requirement of a picture ID in order to vote is upheld locally, by the Seventh Circuit and by the SCOTUS.

14. Creed v. Family Express, 2007…The court’s findings over a workplace discrimination matter are confusing and non-definitive. Although appearing to endorse TITLE VII protections on gender identity grounds, court actually finds against plaintiff for dress code violations.

15. Dean v. Dudley Perkins, 2006…workplace violation in the firing of an individual after the worker filed a sex discrimination suit. Plaintiff was trained to work on Harley Davidson motorcycles. Disposition unknown.

16. Doe v. Clark County School District, 2008…a TITLE IX case which federal court in Nevada dismissed for lack of standing.

17. Doe v. Knox County Schools, et al, 2009…Out of court settlement in a case involving student right to Internet access for LGBT subject matters.

18. Doe v California Lutheran School Association, 2008…California Appellate court upholds trial verdict wherein a religious school may expel lesbian students for violating religious code.

19. Doe v Yunits, 2000…Massachusetts court upholds finding for transgender student’s right to express her gender diversity under Massachusetts disability law.

20. Etsitty v Utah Transit Authority, 2005…TITLE VII issue involving right of transgender individual to transition, Plaintiff had been terminated for what company described as an “image problem”. U.S. District Court for Utah found against Plaintiff.

21. Farmer v. Brennan, 1994…rape of incarcerated transsexual woman. SCOTUS found for plaintiff on Eighth Amendment Cruel and Unusual Punishment grounds.

22. Farmer v. Caliente Cab Co, 2007…discrimination against plaintiff restaurant’s refusal to accommodate plaintiff’s desire to use appropriate bathroom. Out of court with settlement.

23. Finstuen v. Crutcher, 2007…10th Circuit upheld U.S. District Court in Oklahoma’s holding which struck down prohibition on lesbian and gay adoption.

24. Fuller, et al v. Thomas, et al, 2008…Court holds for Plaintiff in case where Defendant has alleged election fraud on grounds that Plaintiff, a trans woman, has misled and deceived the electorate. Georgia Supreme Court found that not enough votes were disputed to change the outcome.

25. Glenn v Brumby, et al, 2009…TITLE VII case against Georgia General Assembly for illegal dismissal of plaintiff based on workplace discrimination. Not yet disposed of.

26. Harper v Poway Unified School District, 2007… bizarre tables turning “non-decision” in First Amendment issue. Plaintiff wears anti gay t-shirt to school, which suspends him for not removing it. Plaintiff’s motion to lift injunction on wearing shirt is denied. 9th Circuit holds for defendant on grounds the shirt was disruptive. SCOTUS finally vacates the case, because plaintiff had graduated and it was, therefore, moot.

27. Hastings v. Seton Medical Center, 2008…Defendant hospital refused to grant breast augmentation surgery to trans woman; out of court settlement of $200,000 for Plaintiff and Defendant amended policy.

28. In re Brian L, 2007…A New York appellate court reversed a lower court decision mandating Sex Reconstructive Surgery for an individual who had received hormone treatment as a minor via social Services. The higher court held that DSS was not liable for two differing tiers of treatment.

29. In re Lipscomb, 2000…a trans child was removed from parents by state authorities in Franklin County, Ohio. Removal was on grounds that the parents were unfit since they acknowledged the child’s right to self determination regarding gender. Minor child remained in foster care, but actual situation unknown at present.

30. In re Lovo-Lara, 2005…USCIS & Immigration authorities’ Board of Immigration Appeals finds for couple, one foreign born and emigrating to the U.S., the other a native of North Carolina and a post-op transsexual.

31. In re O'Donnabhain , 2007…Defendant’s contention that she should be allowed to deduct costs of sex reconstruction surgery is disallowed by IRS. Case still pending before U.S. Tax Court.

32. Isaak v. Idaho Department of Corrections, 2006…unknown settlement by Defendant in case involving denial of treatment for transsexual Plaintiff.

33. Jane Doe, et al v Montogmery County Board of Elections, 2008…Maryland Supreme court rejects the referendum meant to strike down gender identity protections adopted by Montgomery County, MD. Said referendum circulated by anti trans individuals who collected bogus signatures and used despicable tactics to reinforce their version of “the bathroom issue”.

34. Jeanmard v. KT Maintenace, 2010…Workplace discrimination based on firing of Port Arthur, TX refinery worker upon notification of intent to transition. Case to go to trial in U.S. District court in early 2010.

35. Johnson v City of Memphis, 2008…Plaintiff, the victim of abuse at hands of law enforcement officers in Memphis, TN, sued for damages. Attack was videotaped. Plaintiff was found dead three months later. No suspect has been apprehended but murder remains suspicious. Disposition of civil suit unknown.

36. Kastl v. Maricopa Community College, 2009, TITLE VII workplace discrimination suit based on refusal by defendant to allow plaintiff to use appropriate restroom facilities. Defendant won due to plaintiff’s inability to rebut that her use of bathroom caused safety concerns.

37. Kerr v. Georgetown College, 2005…Undisclosed out of court settlement in unfair firing discrimination case in Louisiana college

38. Kerr v. City of New Orleans PD, 2009…Plaintiff filed suit after allegations a police officer threatened arrest because plaintiff, a man, was wearing a skirt in municipal court. Disposition unknown.

39. Lawrence v. Texas, 2003…Landmark case involving right to privacy, in one’s home, regarding sexual orientation. SCOTUS finds for Plaintiff overturning prior precedent in the case of Bowers v. Hardwick, GA, wherein homosexuality was considered a crime. Lawrence essentially removed illegality of being gay or lesbian.

40. Logan v. Gary Community School Corporation, 2008…suit filed by plaintiff alleging discrimination after school, refused to allow him to wear a pink dress to prom instead of a tuxedo. Court refused to grant motion to dismiss. Disposition unknown.

41. Lopez v. River Oaks Imaging, 2008…discrimination on grounds defendant rescinded job offer after discovering plaintiff was transsexual. Court ordered mediation; disposition of settlement was unavailable.

42. Loving v. Virginia, 1967…landmark case heard by SCOTUS which established the inherent right of interracial couples to marry. This case bears on many of the current disputes involving marriage equality.

43. Millett, et al v. Lutco, Inc., 2008, Plaintiff alleges harassment & discrimination based on gender. The Massachusetts court found against plaintiff and held that the eventual firing was based on performance, not gender

44. Morales v. ATP Health and Beauty Care, 2008, TITLE VII case in Connecticut based on gender stereotyping discrimination. The court found for Defendant on grounds Plaintiff had not sufficiently made her case.

45. Nakonsky v. WalMart, 2006…In Minnesota, Plaintiff alleged gender discrimination, $12,000 out of court settlement for Plaintiff

46. Nemecek v. Spring Arbor University,2008…Out of court settlement in unfair firing case by Methodist founded university in

47. Park v. Manhattan Mall, 2005…Out of court settlement for Plaintiff in suit which alleged discriminatory treatment in NY mall bathroom policy.

48. Price Waterhouse v. Hopkins, 1989…Landmark SCOTUS decision that expanded TITLE VII protections to include discrimination based on sex stereotyping.

49. Prowell v Wise Business Forms, 2006…Pennsylvania TITLE VII case wherein Plaintiff was harassed, discriminated against and terminated by Defendant. Court found against Plaintiff, reasoning that TITLE VII did not apply to gender stereotyping and discrimination for trans individuals.

50. R.L. v...NJ, 2004…New Jersey case involving gender discrimination and child abuse. Court held that statute of limitations had run.

51. Ravenwood v. Daines, 2008, U.S. District Court in NY in a case involving Medicaid and Plaintiff’s petition to have sex reconstruction surgery covered by Defendant. The court held for the Defendant in its narrow interpretation of what “treatment” denoted.

52. Richards v. USTA, 1975, New York Supreme Court finds for Plaintiff and orders USTA to allow Renee Richards to compete professionally.

53. Schroer v Billington, 2009, Landmark TITLE VII case involving gender stereotyping and a refusal to hire after learning of Plaintiff’s intention to transition. DC Federal court finds for Plaintiff, expanding the Court’s interpretation of Price Waterhouse.

54. Seals v Old Dominion, 2008… TITLE VII case…workplace discrimination from dismissal of Plaintiff for “impersonating a female”; disposition pending.

55. Smith v City of East Salem, 2004…One of the first court opinions to expand Price Waterhouse to include gender stereotyping discrimination as it applies to trans individuals. The Sixth Circuit Court found for the Plaintiff.

56. Somers v Superior Court of San Francisco City and County, 2009…California court holds for Plaintiff in case involving right of trans individuals to amend California birth certificates to reflect transition.

57. Spencer v. Idaho Department of Corrections, 2006…unknown out of court settlement in case regarding treatment of trans inmates in Idaho.

58. Susan Startzell, et al v City of Philadelphia, et al, 2008…First Amendment case involving right to protest against an LGBT function. Court found for Defendant and stated that Phila. PD had the right to arrest protestors, not for the content of their speech, but for the manner in which that free speech was delivered.

59. Ulane v. Eastern Airlines, 1985, Seventh Circuit TITLE VII case…court held to restricted interpretation of TITLE VII and found against Plaintiff in this gender discrimination case.

60. White v. U.S., 2008, D.C. Court of Appeals holds for Defendant in Plaintiff’s attempt to abrogate enhanced sentencing given him in his capacity as prison guard after he was found guilty of sexually assaulting a trans prisoner.

61. Wicks-Perez v. Burlington Coat Factory, 2009… workplace discrimination suit based on harassment of trans employee. Disposition unknown.


Blogger Zoe Brain said...

I though O'Donnabhain v. IRS was still pending. It's been nearly 2 years after final arguments, and the judge hearing the case is due to retire soon.

2:39 PM  
Blogger trickster108 said...

Hi Zoe,

I called GLAD today and I stand corrected...this case has never been fully adjudicated and we are still waiting for the court's holding. thanks for the "heads up"!!

4:48 PM  

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