Equality Case Files

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As most everyone is aware by now, there is an unprecedented onslaught of anti-trans bills being introduced and enacted into law in states across the country. Here are some of the places to keep up with what’s going on.

Erin Reed has comprehensive coverage, including reporting on legislative hearings.
• Follow her on twitter:
• Read her substack: https://erininthemorn.substack.com
* Sign up for her newsletter: https://bit.ly/3LxTiji

The Trans Formations Project has a weekly roundup
• Here’s the latest edition: https://mailchi.mp/d43b505e4af9/2-3-9560777?e=31e2aa96bf
• Sign up here: http://bit.ly/3FxJrGo

The ACLU has a bill tracker for anti-LGBTQ+ legislation (not trans-specific).
• They have a clickable map to filter by state:
https://www.aclu.org/legislative-attacks-on-lgbtq-rights

And finally, a reminder that we have allies everywhere: Nebraska state Sen. Machaela Cavanaugh’s filibuster brought the legislature to a halt for over 3 weeks in protest of a bill that would ban gender-affirming therapies for minors.

“If this Legislature collectively decides that legislating hate against children is our priority, then I am going to make it painful — painful for everyone. I will burn the session to the ground over this bill.”
http://bit.ly/42g3kvn

As of yesterday, she reached an agreement with the Speaker of the Legislature to pause her filibuster:
https://www.wowt.com/2023/03/16/cavanaugh-pull-back-nebraska-unicameral-filibuster/

Nebraska lawmaker 3 weeks into filibuster over trans bill LINCOLN, Neb. (AP) — It was a mundane, unanimously supported bill on liquor taxation that saw state Sen. Machaela Cavanaugh take to the mic on the Nebraska Legislature floor last week. She offered her support, then spent the next three days discussing everything but the bill, including her favorit...

State legislatures are in session and in multiple states, the first order of business has been to pass new laws targeting the LGBTQ community, with an emphasis on transgender people. We'll be pointing to resources for tracking these bills, but In the meantime, here's one from Arkansas:

"The Arkansas Senate on Tuesday handily approved a bill that would classify "drag performances" as an adult-oriented business, after supporters and opponents disagreed about whether it is targeted at particular groups.

"In a party-line vote, the Senate voted 29 to 6 to send Senate Bill 43 by Sen. Gary Stubblefield, R-Branch, to the House for further action. All 29 Senate Republicans voted for the bill. All six Senate Democrats voted against the bill."

Arkansas Senate approves ‘drag performance’ bill, advances it to House The Arkansas Senate on Tuesday handily approved a bill that would classify "drag performances" as an adult-oriented business, after supporters and opponents disagreed about whether it is targeted at particular groups.

Tomorrow, Monday December 5, the Supreme Court will hear arguments in 303 Creative v. Elenis in which website designer Lorie Smith is seeking an exemption from Colorado's nondiscrimination law, allowing her to refuse to make wedding websites for same-s*x couples.

Listen to the argument live, beginning at 10 am Eastern Time at this link: https://www.supremecourt.gov/oral_arguments/live.aspx

While the designer's refusal was based on religious objections, the Supreme Court has limited the case to her free speech claim: "Whether applying a public accommodations law to compel an artist to speak or stay silent violates the Free Speech Clause of the First Amendment."

Arguing:
• KRISTEN K. WAGGONER, ADF, for Lorie Smith & 303 Creative, LLC (35 minutes)
• ERIC R. OLSON, Colorado Solicitor General, for the State of Colorado (20 minutes)
• BRIAN H. FLETCHER, Deputy Solicitor General, for the United States arguing in favor of the State of Colorado (15 minutes)

Briefs in the case are available from the Supreme Court's docket, linked below.

Docket for 21-476

Hecox v. Little (Challenging Idaho law banning transgender women and girls from participating in women's sports)

The 9th Circuit will hear arguments today at 2PM Pacific Time on the preliminary injunction blocking the Idaho law from taking effect. Video livestream will be available at the link below. The archive of the argument will be a different link, and we'll post that when it becomes available.

This is the 2nd time this panel has heard argument in the case. In June of last year (following the May, 2021 argument), the appeals court sent the case back to the district court to determine whether the case was moot. The district court ruled Hecox's claim is not moot, the 9th Circuit ordered supplemental briefing, and here we are again.

For court filings, see EQCF's docket:
• District Court: http://files.eqcf.org/cases/d-idaho-120-cv-00184-docket/
• 9th Circuit: http://files.eqcf.org/cases/9th-cir-20-35813-docket/

Streaming Oral Arguments