Bostock v. Clayton County, Georgia

Consolidated with:

Docket No.	Argument	Opinion	Vote	Author	Term
17-1618	Oct 8, 2019	Jun 15, 2020	6-3	Gorsuch	OT 2019

Holding: An employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Gorsuch on June 15, 2020. Justice Alito filed a dissenting opinion, in which Justice Thomas joined. Justice Kavanaugh filed a dissenting opinion.

SCOTUSblog Coverage

Symposium: LGBT rights and religious freedomfinding a better way (Alexander Dushku and R. Shawn Gunnarson, June 17, 2020)
Symposium: The triumph of textualism: Only the written word is the law (Jonathan Skrmetti, June 16, 2020)
Symposium: The simplistic logic of Justice Neil Gorsuchs account of sex discrimination (Ryan Anderson, June 16, 2020)
Symposium: The moral arc bends toward justice: Toward an intersectional legal analysis of LGBTQ rights (Nicole Berner and Monica Jin Joo Wilk, June 16, 2020)
Symposium: Progressive textualism and LGBTQ rights (Katie Eyer, June 16, 2020)
Symposium: The strength of the written word fulfills Title VIIs promise (Sarah Rice, June 15, 2020)
Opinion analysis: Federal employment discrimination law protects gay and transgender employees (Updated) (Amy Howe, June 15, 2020)
Live blog of orders and opinions (Update: Completed) (Kalvis Golde, June 15, 2020)
2020 Supreme Court Preview presented by Casetext (part one) (SCOTUStalk, January 29, 2020)
Are we all textualists now?: Amy Howe and Kevin Russell discuss oral arguments in LGBT employment discrimination cases (SCOTUStalk, October 17, 2019)
Argument analysis: Justices divided on federal protections for LGBT employees (UPDATED) (Amy Howe, October 8, 2019)
A "view" from the courtroom: Pop culture and protocol (Mark Walsh, October 8, 2019)
Argument preview: Justices to consider federal employment protection for LGBT employees (Amy Howe, October 1, 2019)
Symposium:A trio of cases, a lot at stake (Loren AliKhan, September 9, 2019)
Symposium: Title VII did not and does not extend to sexual orientation or gender identity in 1964 or today (Richard A. Epstein, September 6, 2019)
Symposium: Lets talk about sex: why Title VII must cover sexual orientation and gender identity (Vanita Gupta and Sharon McGowan, September 5, 2019)
Symposium: How the Title VII trilogy may test the court (Andrée Blumstein, September 5, 2019)
Symposium: Textualism's moment of truth (William Eskridge, September 4, 2019)
Symposium: Hiding elephants in mouseholes: The original meaning of discrimination on the basis of sex (Stephanie Taub and Michael Berry, September 4, 2019)
Symposium: Justices to consider federal employment protection for LGBT employees (Amy Howe, September 3, 2019)
Because of sex: Tom Goldstein and Kevin Russell join Amy Howe to discuss new cases involving whether federal employment discrimination laws protect LGBT employees (SCOTUStalk, May 6, 2019)
Court to take up LGBT rights in the workplace (Updated) (Amy Howe, April 22, 2019)
Petitions of the day (Aurora Barnes, June 15, 2018)

Date	Proceedings and Orders (key to color coding)
05/25/2018	Petition for a writ of certiorari filed. (Response due July 2, 2018)
06/05/2018	Blanket Consent filed by Petitioner, Gerald Lynn Bostock.
06/27/2018	Waiver of right of respondent Clayton County, Georgia to respond filed.
07/03/2018	DISTRIBUTED for Conference of 9/24/2018.
07/13/2018	Response Requested. (Due August 13, 2018)
08/02/2018	Supplemental brief of petitioner Gerald Lynn Bostock filed.
08/10/2018	Brief of respondent Clayton County, Georgia in opposition filed.
08/24/2018	Reply of petitioner Gerald Lynn Bostock filed.
08/29/2018	DISTRIBUTED for Conference of 9/24/2018.
09/11/2018	Rescheduled.
11/07/2018	DISTRIBUTED for Conference of 11/30/2018.
11/26/2018	Rescheduled.
12/03/2018	DISTRIBUTED for Conference of 12/7/2018.
12/03/2018	Rescheduled.
12/20/2018	DISTRIBUTED for Conference of 1/4/2019.
01/07/2019	DISTRIBUTED for Conference of 1/11/2019.
01/14/2019	DISTRIBUTED for Conference of 1/18/2019.
02/04/2019	DISTRIBUTED for Conference of 2/15/2019.
02/19/2019	DISTRIBUTED for Conference of 2/22/2019.
02/25/2019	DISTRIBUTED for Conference of 3/1/2019.
03/11/2019	DISTRIBUTED for Conference of 3/15/2019.
03/18/2019	DISTRIBUTED for Conference of 3/22/2019.
03/25/2019	DISTRIBUTED for Conference of 3/29/2019.
04/08/2019	DISTRIBUTED for Conference of 4/12/2019.
04/15/2019	DISTRIBUTED for Conference of 4/18/2019.
04/22/2019	Petition GRANTED. The petition for writ of certiorari in No. 17-1623 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
04/23/2019	Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 17-1618. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 17-1618. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the fling is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
05/09/2019	Briefing proposal from the parties in Nos. 17-1618, 17-1623, and 18-107 filed. VIDED.
05/13/2019	Petitioner in No. 17-1618, respondents in No. 17-1623, and respondent Aimee Stephens in No. 18-107 shall file their briefs on the merits, pursuant to Rule 33.1(g)(v), on or before Wednesday, June 26, 2019. Respondent in No. 17-1618, petitioners in No. 17-1623, and petitioner and respondent EEOC in No. 18-107 shall file their briefs on the merits, pursuant to Rule 33.1(g)(vi), on or before Friday, August 16, 2019. Reply briefs, if any, pursuant to Rule 33.1(g)(vii), shall be filed on or before Monday, September 16, 2019. Amicus curiae briefs shall be filed pursuant to Rule 37.3. VIDED.
05/22/2019	Blanket Consent filed by Petitioner, Altitude Express, Inc., et al. (petitioners in 17-1623)
06/05/2019	Letter from counsel for petitioner, respondents in 17-1623, and respondent Aimee Stephens in 18-107, regarding requests for consent to file amicus curiae briefs filed. VIDED.
06/12/2019	Blanket Consent filed by Respondent, Clayton County, Georgia.
06/26/2019	Joint appendix filed (in 17-1618). (Statement of costs filed)
06/26/2019	Brief of petitioner Gerald Lynn Bostock filed.
06/26/2019	Joint appendix filed (in 17-1623). (Statement of costs filed)
06/26/2019	Brief of respondents Melissa Zarda, et al. filed (in 17-1623).
06/27/2019	Brief amicus curiae of Karl Olson filed. VIDED.
07/01/2019	SET FOR ARGUMENT on Tuesday, October 8, 2019. VIDED
07/02/2019	Brief amici curiae of The Women’s and Children’s Advocacy Project, Equal Means Equal, and Allies Reaching for Equality filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of Employment Discrimination Law Scholars filed. VIDED. (Also in 18-107)
07/03/2019	Brief amicus curiae of Altria Group, Inc. filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of William N. Eskridge Jr. and Andrew M. Koppelman filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of Anti-Discrimination Scholars filed. VIDED. (Also in 18-107)
07/03/2019	Letter to the Clerk Joining Another Amicus Brief of Intel Corporation not accepted for filing. (July 05, 2019)
07/03/2019	Brief amici curiae of The Southern Poverty Law Center, et al. filed. VIDED. (Also in 18-107).
07/03/2019	Brief amicus curiae of Legal Aid Society filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of Statutory Interpretation and Equality Law Scholars filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of 206 Businesses filed. VIDED. (Also in 18-107).
07/03/2019	Brief amici curiae of Modern Military Association of America and Transgender American Veterans Association filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of States of Illinois, New York, et al. filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of Philosophy Professors filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of Historians filed. VIDED. (Also in 18-107).
07/03/2019	Brief amici curiae of National Education Association, et al. filed. VIDED. (Also in 18-107).
07/03/2019	Brief amicus curiae of American Bar Association filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of InterACT: Advocates for Intersex Youth, et al. filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of The Trevor Project, PFLAG, and Family Equality filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of Business Organizations filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of The American Medical Association, et al. filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of Muslim Bar Association of New York, et al. filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of Scholars Who Study the LGB Population filed. VIDED.
07/03/2019	Brief amici curiae of Local Governments and Mayors filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of National LGBT Bar Association, et al. filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of Kenneth B. Mehlman et al. filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of Corpus-Linguistics Scholars Professors Brian Slocum, et al. filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of The Presiding Bishop and President of the House of Deputies of the Episcopal Church, et al. filed. VIDED (Also in 18-107)
07/03/2019	Brief amici curiae of Former Executive Branch Officials and Leaders, et al. filed. VIDED. (also in 18-107)
07/03/2019	Brief amici curiae of Georgia Equality filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of Members of Congress filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of Service Employees International Union, et al. filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of Women CEOs and Other C-Suite Executives filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of Walter Dellinger, et al. filed. VIDED. (Also in 18-107)
07/03/2019	Brief amicus curiae of Lambda Legal Defense and Education Fund, Inc. filed. VIDED.
07/03/2019	Amicus brief of GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, et al. not accepted for filing. (Corrected version submitted).
07/03/2019	Brief amici curiae of GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, et al. filed (July 10, 2019). VIDED. (Also in 18-107).
07/03/2019	Brief amici curiae of Wisconsin Advcocacy Organizations filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of American Psychological Association, et al. filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Members of the Legal Profession and Law Students filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of National Women's Law Center filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of Impact Fund, et al. filed. VIDED. (Also in 18-107)
07/03/2019	Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, the Leadership Conference on Civil and Human Rights, and 57 Civil Rights Organizations filed. VIDED. (Also in 18-107)
07/08/2019	Statement of Printing Cost of Melissa Zarda et al. (respondents in 17-1623) not accepted for filing. (July 12, 2019). (Document not of the type to be filed electronically)
07/26/2019	Joint motion of petitioner Bostock and respondents Zarda and Moore for divided argument filed. VIDED.
08/01/2019	CIRCULATED
08/16/2019	Brief of petitioners Altitude Express, Inc., et al. filed (in 17-1623). (Distributed)
08/16/2019	Brief amicus curiae of Foundation for Moral Law filed. VIDED. (Distributed). (Also in 18-107)
08/16/2019	Brief of respondent Clayton County, Georgia filed (in 17-1618). (Distributed)
08/16/2019	Record requested from the U.S.C.A. 11th Circuit.
08/19/2019	Brief amicus curiae of Marriage Law Foundation filed. VIDED. (Distributed)
08/20/2019	Brief amicus curiae of The H.T. Hackney Co. filed. VIDED. (Distributed) (Also in 18-107)
08/20/2019	Brief amicus curiae of First Liberty Institute filed. VIDED. (Distributed) (Also in 18-107)
08/21/2019	Brief amicus curiae of Advocates for Faith and Freedom filed. VIDED. (Distributed) (Also in 18-107)
08/21/2019	Brief amicus curiae of David A. Robinson filed. VIDED. (Distributed) (Also in 18-107)
08/21/2019	Amicus brief of David A. Robinson not accepted for filing. (Duplicate submission)(August 26, 2019)
08/21/2019	Brief amici curiae of Defend My Privacy, et al. filed. VIDED. (Distributed) (Also in 18-107)
08/22/2019	Amicus brief of National Association of Evangelicals, et al. not accepted for filing. (August 23, 2019)
08/22/2019	Brief amici curiae of National Organization for Marriage and Center for Constitutional Jurisprudence filed. VIDED. (Distributed) (Also in 18-107)
08/22/2019	Brief amici curiae of National Association of Evangelicals, et al. filed. VIDED. (Distributed) (Also in 18-107)
08/22/2019	Brief amici curiae of Institute for Faith and Family and Christian Family Coalition filed. VIDED. (Distributed) (Also in 18-107)
08/22/2019	Brief amici curiae of Billy Graham Evangelistic Association, et al. filed. VIDED. (Distributed) (Also in 18-107)
08/22/2019	Brief amicus curiae of New Civil Liberties Alliance filed. VIDED. (Distributed) (Also in 18-107)
08/22/2019	Brief amicus curiae of American Public Philosophy Institute filed. VIDED. (Distributed) (Also in 18-107)
08/23/2019	Brief amicus curiae of Ryan T. Anderson filed. VIDED (Distributed) (Also in 18-107)
08/23/2019	Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED. (Distributed)
08/23/2019	Brief amicus curiae of United States filed. VIDED. (Distributed)
08/23/2019	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
08/23/2019	Brief amici curiae of Council of Christian Colleges & Universities, et al. filed. VIDED. (Distributed) (Also in 18-107)
08/23/2019	Brief amici curiae of Religious Freedom Institute's Islam & Religious Freedom Action Team and Islamic Scholars filed. VIDED. (Distributed) (Also in 18-107)
08/23/2019	Brief amici curiae of States of Tennessee, et al. filed. VIDED. (Distributed) (Also in 18-107)
08/23/2019	Brief amici curiae of Public Advocate of the United States, et al. filed. VIDED.(Distributed)
08/23/2019	Brief amici curiae of Members of Congress filed. VIDED. (Distributed) (Also in 18-107)
08/23/2019	Brief amicus curiae of Liberty Counsel filed. VIDED. (Distributed)
08/23/2019	Brief amici curiae of Business Organizations filed. VIDED. (Distributed) (Also in 18-107)
08/23/2019	Brief amicus curiae of W. Burlette Carter filed (in 17-1623). (Distributed)
08/23/2019	Amicus brief of Muslim American Leaders not accepted for filing. (October 01, 2019)
08/27/2019	Record from the U.S.C.A. 11th Circuit is complete and located on PACER.
09/10/2019	Reply of respondent Melissa Zarda, et al. (respondents in 17-1623) filed. VIDED. (Distributed)
09/10/2019	Reply of petitioner Gerald Lynn Bostock filed. (Distributed)
09/11/2019	Motion for divided argument filed by petitioners DENIED. VIDED.
09/11/2019	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED.
10/08/2019	Argued. For petitioner in 17-1618 and respondents in 17-1623: Pamela S. Karlan, Stanford, Cal. For respondent in 17-1618 and petitioners in 17-1623: Jeffrey M. Harris, Arlington, Va.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED.
02/04/2020	Motion of State of New Hampshire for leave to file amicus brief not accepted for filing. (February 14, 2020 - motion withdrawn)
02/20/2020	Support of amicus brief of State of New Hampshire not accepted for filing. (March 11, 2020 - not type of document to be electronically submitted).
06/15/2020	Judgment REVERSED and case REMANDED (Affirmed in No. 17-1623). Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, J., joined. Kavanaugh, J., filed a dissenting opinion. (Opinion also for No. 18-107). VIDED.
07/17/2020	JUDGMENT ISSUED.