R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission

Consolidated with:

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
18-107	6th Cir.	Oct 8, 2019	Jun 15, 2020	6-3	Gorsuch	OT 2019

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus brief in support of respondent Stephens in this case.

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 week (Aurora Barnes, August 17, 2018)

Date	Proceedings and Orders (key to color coding)
May 11 2018	Application (17A1267) to extend the time to file a petition for a writ of certiorari from June 5, 2018 to August 3, 2018, submitted to Justice Kagan.
May 16 2018	Application (17A1267) granted by Justice Kagan extending the time to file until August 3, 2018.
Jul 20 2018	Petition for a writ of certiorari filed. (Response due August 23, 2018)
Jul 30 2018	Motion to extend the time to file a response from August 23, 2018 to September 24, 2018, submitted to The Clerk.
Aug 08 2018	Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2018.
Aug 14 2018	Motion to extend the time to file a response from August 23, 2018 to September 24, 2018, submitted to The Clerk.
Aug 15 2018	Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2018, for all respondents.
Aug 15 2018	Blanket Consent filed by Petitioner, R.G. & G.R. Harris Funeral Homes, Inc.
Aug 23 2018	Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
Aug 23 2018	Brief amicus curiae of Foundation for Moral Law filed.
Aug 23 2018	Brief amici curiae of States of Nebraska, et al. filed.
Aug 23 2018	Brief amici curiae of Public Advocate of the United States, et al. filed.
Sep 13 2018	Letter of September 13, 2018 from counsel for petitioner filed.
Sep 17 2018	Motion to extend the time to file a response from September 24, 2018 to October 24, 2018, submitted to The Clerk.
Sep 18 2018	The motions to extend the time to file responses are granted and the time is further extended to and including October 24, 2018, for all respondents.
Oct 24 2018	Brief of Federal Respondent in opposition filed.
Oct 24 2018	Brief of respondent Aimee Stephens in opposition filed.
Nov 06 2018	Reply of petitioner R.G. & G.R. Harris Funeral Homes, Inc. filed.
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 15 2019	Letter of February 13, 2019 from counsel for petitioners received. (Distributed)
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 limited to the following question: Whether Title VII prohibits discrimination against transgender people based on (1) their status as transgender or (2) sex stereotyping under Price Waterhouse v. Hopkins, 490 U. S. 228 (1989).
May 09 2019	Briefing proposal from the parties in Nos. 17-1618, 17-1623, and 18-107 filed. VIDED.
May 10 2019	Blanket Consent filed by Petitioner, R.G. & G.R. Harris Funeral Homes, Inc.
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.
May 30 2019	Blanket Consent filed by Respondent, Equal Employment Opportunity Commission
Jun 05 2019	Letter from counsel for respondent Aimee Stephens, petitioner in 17-1618, and respondents in 17-1623, regarding requests for consent to file amicus curiae briefs filed. VIDED
Jun 06 2019	Joint appendix filed. (Statement of costs filed)
Jun 26 2019	Brief of respondent Aimee Stephens filed.
Jul 01 2019	SET FOR ARGUMENT on Tuesday, October 8, 2019.
Jul 02 2019	Brief amici curiae of The Women’s and Children’s Advocacy Project, Equal Means Equal, and Allies Reaching for Equality filed (also in 17-1618 & 17-1623). VIDED.
Jul 02 2019	Brief amici curiae of Transgender Legal Defense & Education Fund and 33 Organizations Serving Transgender Individuals filed.
Jul 03 2019	Brief amici curiae of Employment Discrimination Law Scholars filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Amicus brief of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Members of the Legal Profession not accepted for filing. (Duplicate submission)
Jul 03 2019	Brief amici curiae of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Members of the Legal Profession filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amicus curiae of Altria Group, Inc. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of William N. Eskridge Jr. and Andrew M. Koppelman filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Professors Samuel R. Bagenstos, Michael C. Dorf, Martin S. Lederman, Leah M. Litman, and Margo Schlanger filed.
Jul 03 2019	Brief amici curiae of Anti-Discrimination Scholars filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Anti-sexual Assault, Domestic Violence, and Gender-based Violence Organizations filed.
Jul 03 2019	Brief amici curiae of Brief of Scholars Who Study the Transgender Population filed.
Jul 03 2019	Brief amicus curiae of Legal Aid Society filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Statutory Interpretation and Equality Law Scholars filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of The Southern Poverty Law Center, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of 206 Businesses filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Modern Military Association of America and Transgender American Veterans Association filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of States of Illinois, New York, et al. filed (also 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Philosophy Professors filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Historians filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of National Education Association, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amicus curiae of American Bar Association filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Joinder Letter from Counsel for Intel Corporation of Intel Corporation not accepted for filing. (July 05, 2019)
Jul 03 2019	Brief amici curiae of InterACT: Advocates for Intersex Youth, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Business Organizations filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of The Trevor Project, PFLAG, and Family Equality filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Muslim Bar Association of New York, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of The American Medical Association, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Law & History Professors filed.
Jul 03 2019	Brief amici curiae of Local Governments and Mayors filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of National LGBT Bar Association, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Kenneth B. Mehlman, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Corpus-Linguistics Scholars Professors Brian Slocum, et al. filed (also in 17-1618 & 17-1623). VIDED
Jul 03 2019	Brief amici curiae of The Presiding Bishop and President of the House of Deputies of the Episcopal Church, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Former Executive Branch Officials and Leaders, et al. filed (alos in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Members of Congress filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amicus curiae of Lambda Legal Defense and Education Fund, Inc. filed.
Jul 03 2019	Brief amici curiae of Women CEOs and Other C-Suite Executives filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Amicus brief of GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, et al. not accepted for filing. (Corrected version submitted).
Jul 03 2019	Brief amici curiae of GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, et al. filed (July 10, 2019); (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Transgender Law Center, Center for Constitutional Rights, and 44 Other Non-Profit and Grassroots Organizations filed.
Jul 03 2019	Brief amici curiae of Wisconsin Advcocacy Organizations filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Walter Dellinger, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of American Psychological Association, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amicus curiae of National Women's Law Center filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Wisconsin Advocacy Organizations filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Impact Fund, et al. filed (also in 17-1618 & 17-1623). VIDED.
Jul 03 2019	Brief amici curiae of Service Employees International Union, et al. (also in 17-1618 & 17-1623) filed. VIDED.
Jul 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 (also in 17-1618 & 17-1623). VIDED.
Jul 09 2019	Brief amicus curiae of Georgia Equality filed (also in 17-1618 & 17-1623). VIDED.
Aug 01 2019	CIRCULATED
Aug 16 2019	Brief of petitioner R.G. & G.R. Harris Funeral Homes, Inc. filed. (Distributed)
Aug 16 2019	Brief amicus curiae of Foundation for Moral Law filed. (Distributed)
Aug 16 2019	Brief of respondent Equal Employment Opportunity Commission filed. (Distributed)
Aug 16 2019	Record requested from the U.S.C.A. 6th Circuit.
Aug 16 2019	Record received from the U.S.C.A. 6th Circuit is electronic.
Aug 20 2019	Brief amicus curiae of The H.T. Hackney Co. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 20 2019	Brief amicus curiae of Women's Liberation Front filed. (Distributed)
Aug 20 2019	Brief amicus curiae of Center for Arizona Policy filed. (Distributed)
Aug 20 2019	Brief amicus curiae of First Liberty Institute filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 21 2019	Brief amicus curiae of Advocates for Faith and Freedom filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 21 2019	Brief amici curiae of Defend My Privacy, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 21 2019	Brief amicus curiae of Ryan T. Anderson filed (also in 17-1623). VIDED. (Distributed)
Aug 21 2019	Brief amicus curiae of David A. Robinson filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 21 2019	Brief amicus curiae of Great Lakes Justice Center filed. (Distributed)
Aug 22 2019	Motion for divided argument filed by the Solicitor General.
Aug 22 2019	Brief amicus curiae of New Civil Liberties Alliance filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 22 2019	Brief amicus curiae of Dr. Paul R. McHugh, M.D., Professor of Psychiatry filed. (Distributed)
Aug 22 2019	Brief amici curiae of Institute for Faith and Family and Christian Family Coalition filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 22 2019	Brief amicus curiae of Free Speech Advocates filed. (Distributed)
Aug 22 2019	Brief amici curiae of Scholars of Philosophy, Theology, Law, Politics, History, Literature, and the Sciences filed. (Distributed)
Aug 22 2019	Brief amici curiae of Independent Women's Forum, et al. filed. (Distributed)
Aug 22 2019	Brief amici curiae of National Medical and Policy Groups That Study Sex and Gender Identity filed. (Distributed)
Aug 22 2019	Brief amici curiae of National Organization for Marriage and Center for Constitutional Jurisprudence filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 22 2019	Brief amicus curiae of Professor W. Burlette Carter filed. (Distributed)
Aug 22 2019	Brief amici curiae of National Association of Evangelicals, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 22 2019	Brief amici curiae of Billy Graham Evangelistic Association, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 22 2019	Brief amicus curiae of American Public Philosophy Institute filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 23 2019	Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. (Distributed)
Aug 23 2019	Brief amici curiae of Members of Congress filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 23 2019	Brief amicus curiae of Center for Religious Expression filed. (Distributed)
Aug 23 2019	Brief amici curiae of Council of Christian Colleges & Universities, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 23 2019	Brief amici curiae of Religious Freedom Institute's Islam & Religious Freedom Action Team, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 23 2019	Brief amici curiae of States of Tennessee, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 23 2019	Brief amici curiae of Scholars of Family and Sexuality filed. (Distributed)
Aug 23 2019	Brief amici curiae of Business Organizations filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
Aug 23 2019	Brief amici curiae of Walt Heyer, et al. filed. (Distributed)
Aug 23 2019	Brief amici curiae of Women Business Owners and CEOs filed. (Distributed)
Aug 23 2019	Brief amicus curiae of William J. Bennett filed. (Distributed)
Aug 23 2019	Brief amicus curiae of Liberty Counsel filed. (Distributed)
Aug 23 2019	Brief amici curiae of Family Policy Groups filed. (Distributed)
Aug 23 2019	Brief amicus curiae of Christian Employers Alliance filed. (Distributed)
Aug 23 2019	Brief amicus curiae of Judicial Watch, Inc. filed. (Distributed)
Aug 23 2019	Brief amicus curiae of Military Spouses United filed. (Distributed)
Aug 23 2019	Brief amicus curiae of Public Advocate of the United Staes, et al. filed. (Distributed)
Sep 10 2019	Reply of respondent Aimee Stephens filed. (Distributed)
Sep 11 2019	Motion for divided argument filed by respondent GRANTED.
Oct 08 2019	Argued. For respondent Aimee Stephens: David D. Cole, New York, N. Y. For petitioner: John J. Bursch, Washington, D. C. For respondent Equal Employment Opportunity Commission in support of reversal: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C.
Feb 04 2020	Motion of State of New Hampshire for leave to file amicus brief not accepted for filing. (February 14, 2020 - motion withdrawn)
May 15 2020	Motion to substitute Donna Stephens, as Trustee of the Aimee A. and Donna Stephens Trust, as a respondent in place of Aimee Stephens, Deceased. (Distributed)
May 18 2020	Motion DISTRIBUTED for Conference of 5/21/2020.
May 26 2020	Motion to substitute Donna Stephens, as Trustee of the Aimee A. and Donna Stephens Trust, as a respondent in place of Aimee Stephens, Deceased GRANTED.
Jun 15 2020	Adjudged to be AFFIRMED. 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 together with Nos. 17-1618 & 17-1623). VIDED.
Jul 17 2020	JUDGMENT ISSUED.

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