In a perfect pileup of unintended consequences, the Ninth Circuit has now held that Windsor — in which the Supreme Court went out of its way to refuse to address whether heightened scrutiny applied —
prohibits discrimination based on sexual orientation in jury selection.
Moreover, Maryland statutes that accord rights to same - sex couples as domestic partners and prohibit
discrimination based on sexual orientation in areas such as employment indicate that the Court's decision is in line with Maryland's public policy.
This has caused tension with Alberta's prohibition
on discrimination based on sexual orientation, which has bubbled over periodically into lawsuits and human rights complaints (see, for example Vriend v Alberta, [1998] 1 SCR 493).
On appeal, the Ninth Circuit asked both sides to brief the issue of whether the Supreme Court's decision in the DOMA case, United States v. Windsor, compelled a decision that equal protection prohibited
discrimination based on sexual orientation during jury selection.
«With the Local Legal Protections feature available on all property details pages on Trulia, homebuyers will know if their prospective new home is in a place where there are laws to
prevent discrimination based on sexual orientation and gender identity in the areas of housing, employment, and public accommodations,» Trulia general manager and senior vice president Tim Correia wrote in a blog post announcing the tool.
«The single largest elephant in the room is whether the Trump administration will repeal the Obama - era executive order protecting LGBT persons who work for federal contractors and subcontractors
from discrimination based on sexual orientation or gender identity,» she said.
Indeed, 89 % of Fortune 500 companies have policies prohibiting
discrimination based on sexual orientation, while 66 % ban discrimination based on gender identity, according to the Human Rights Campaign.
In Arkansas, the state government went as far as passing a law to prevent local governments from passing separate laws to prohibit employment
discrimination based on sexual orientation and gender orientation according to US News & World Report.
The Williams Institute at UCLA School of Law Tuesday released a report summarizing academic studies and other documented evidence of employment
discrimination based on sexual orientation and gender identity.
While Philadelphia has a law that bans
discrimination based on sexual orientation, the state of Pennsylvania does not.
Yet, McCorkle also suggested Salesforce's expansion wouldn't have happened if the General Assembly and Pence hadn't scaled back RFRA to ensure the law didn't override local ordinances that prohibit
discrimination based on sexual orientation and gender identity.
Historically, California's higher - education law, which includes requirements against
discrimination based on sexual orientation, sex, and gender identity, has had an exemption allowing a religious college to follow policies based on its religious tenets.
On May 31, the court upheld a ruling by the New Mexico Civil Rights Commission against Elane Photography for violating the state's prohibition against
discrimination based on sexual orientation.
When the voters of Colorado adopted an amendment to their state constitution that prohibited legal enactments banning
discrimination based on sexual orientation, the Court (Romer v. Evans, 1996) found that the amendment deprived homosexuals of the equal protection of the laws, and was motivated by nothing but «animus» toward homosexuals.