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Gender Identity and Sexual Orientation Law

This guide serves as a building block for students to learn about gender identity and sexual orientation law as a different type of area that is quickly becoming more prominent in today's society.

Landmark Cases

Bostock v. Clayton Cty., 140 S.Ct. 1732 (2020). 

Firing an employee based on their sexual orientation or transgender status violated Title VII. 

Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 584 U.S. 617 (2018).

Religious and philosophical views when it comes to gay marriage are protects views and sometimes protected views of expression under the Constitution. 

Obergefell v. Hodges, 576 U.S. 644 (2015).

The Fourteenth Amendment requires the states to license a marriage for individuals of the same sex and for the state to recognize a marriage if it occurred outside the state. 

U.S. v. Windsor, 570 U.S. 744 (2013). 

Federal estate tax exemption for surviving spouse must apply to lawfully same-sex spouses because the Defense of Marriage Act was unconstitutional in its definitions of marriage and spouse. 

Lawrence v. Texas, 539 U.S. 558 (2003). 

The Constitution allows homosexual individuals the right to choose to enter into relationships in the confines of their homes and retain their private lives and dignity as free persons. 

Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998).

Sex discrimination consisting of same-sex harassment is actionable under Title VII. 

Glossary of Terms - Transgender

Charleston Organizations