Altitude Express Inc. v. Zarda
Consolidated with:
- Bostock v. Clayton County, Georgia
- R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-1623 | 2d Cir. | 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: Affirmed, 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 freedom—finding a better way (Alexander Dushku and R. Shawn Gunnarson, June 17, 2020)
- Symposium: The simplistic logic of Justice Neil Gorsuch’s account of sex discrimination (Ryan Anderson, June 16, 2020)
- Symposium: Progressive textualism and LGBTQ rights (Katie Eyer, 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: The triumph of textualism: “Only the written word is the law” (Jonathan Skrmetti, June 15, 2020)
- Symposium: The strength of the written word fulfills Title VII’s 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)
- A "view" from the courtroom: Pop culture and protocol (Mark Walsh, October 8, 2019)
- Argument analysis: Justices divided on federal protections for LGBT employees (UPDATED) (Amy Howe, 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: Let’s 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 |
|---|---|
| May 29 2018 | Petition for a writ of certiorari filed. (Response due July 2, 2018) |
| Jun 19 2018 | Motion to extend the time to file a response from July 2, 2018 to August 16, 2018, submitted to The Clerk. |
| Jun 21 2018 | Motion to extend the time to file a response is granted and the time is extended to and including August 16, 2018. |
| Jul 02 2018 | Brief amici curiae of Public Advocate of the United States, et al. filed. |
| Aug 16 2018 | Brief of respondents Melissa Zarda, et al. in opposition filed. |
| Sep 04 2018 | Reply of petitioners Altitude Express, Inc., et al. filed. (Distributed) |
| Sep 05 2018 | DISTRIBUTED for Conference of 9/24/2018. |
| Sep 11 2018 | Rescheduled. |
| Nov 07 2018 | DISTRIBUTED for Conference of 11/30/2018. |
| Nov 26 2018 | Rescheduled. |
| Dec 03 2018 | DISTRIBUTED for Conference of 12/7/2018. |
| Dec 03 2018 | Rescheduled. |
| Dec 20 2018 | DISTRIBUTED for Conference of 1/4/2019. |
| Jan 07 2019 | DISTRIBUTED for Conference of 1/11/2019. |
| Jan 14 2019 | DISTRIBUTED for Conference of 1/18/2019. |
| Feb 04 2019 | DISTRIBUTED for Conference of 2/15/2019. |
| Feb 19 2019 | DISTRIBUTED for Conference of 2/22/2019. |
| Feb 25 2019 | DISTRIBUTED for Conference of 3/1/2019. |
| Mar 11 2019 | DISTRIBUTED for Conference of 3/15/2019. |
| Mar 18 2019 | DISTRIBUTED for Conference of 3/22/2019. |
| Mar 25 2019 | DISTRIBUTED for Conference of 3/29/2019. |
| Apr 08 2019 | DISTRIBUTED for Conference of 4/12/2019. |
| Apr 15 2019 | DISTRIBUTED for Conference of 4/18/2019. |
| Apr 22 2019 | Petition GRANTED. The petition for writ of certiorari in No. 17-1618 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED. |
| Apr 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.” |
| May 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. |
| Jul 01 2019 | SET FOR ARGUMENT on Tuesday, October 8, 2019. VIDED |
| Aug 01 2019 | CIRCULATED |
| Aug 16 2019 | Record requested from the U.S.C.A. 2nd Circuit. |
| Aug 20 2019 | Record received from the U.S.C.A. 2nd Circuit is electronic. |
| Oct 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. |
| Jun 15 2020 | Adjudged to be AFFIRMED (Reversed and remanded in No. 17-1618). 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. |
| Jul 17 2020 | JUDGMENT ISSUED. |
| Jul 31 2020 | AMENDED JUDGMENT ISSUED. |
| Aug 06 2020 | SECOND AMENDED JUDGMENT ISSUED. |
