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

Consolidated with:

Docket No.	Argument	Opinion	Vote	Author	Term
18-107	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 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 week (Aurora Barnes, August 17, 2018)

Date	Proceedings and Orders (key to color coding)
05/11/2018	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.
05/16/2018	Application (17A1267) granted by Justice Kagan extending the time to file until August 3, 2018.
07/20/2018	Petition for a writ of certiorari filed. (Response due August 23, 2018)
07/30/2018	Motion to extend the time to file a response from August 23, 2018 to September 24, 2018, submitted to The Clerk.
08/08/2018	Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2018.
08/14/2018	Motion to extend the time to file a response from August 23, 2018 to September 24, 2018, submitted to The Clerk.
08/15/2018	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.
08/15/2018	Blanket Consent filed by Petitioner, R.G. & G.R. Harris Funeral Homes, Inc.
08/23/2018	Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
08/23/2018	Brief amicus curiae of Foundation for Moral Law filed.
08/23/2018	Brief amici curiae of States of Nebraska, et al. filed.
08/23/2018	Brief amici curiae of Public Advocate of the United States, et al. filed.
09/13/2018	Letter of September 13, 2018 from counsel for petitioner filed.
09/17/2018	Motion to extend the time to file a response from September 24, 2018 to October 24, 2018, submitted to The Clerk.
09/18/2018	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.
10/24/2018	Brief of Federal Respondent in opposition filed.
10/24/2018	Brief of respondent Aimee Stephens in opposition filed.
11/06/2018	Reply of petitioner R.G. & G.R. Harris Funeral Homes, Inc. filed.
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.
02/15/2019	Letter of February 13, 2019 from counsel for petitioners received. (Distributed)
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 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).
05/09/2019	Briefing proposal from the parties in Nos. 17-1618, 17-1623, and 18-107 filed. VIDED.
05/10/2019	Blanket Consent filed by Petitioner, R.G. & G.R. Harris Funeral Homes, Inc.
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.
05/30/2019	Blanket Consent filed by Respondent, Equal Employment Opportunity Commission
06/05/2019	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
06/06/2019	Joint appendix filed. (Statement of costs filed)
06/26/2019	Brief of respondent Aimee Stephens filed.
07/01/2019	SET FOR ARGUMENT on Tuesday, October 8, 2019.
07/02/2019	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.
07/02/2019	Brief amici curiae of Transgender Legal Defense & Education Fund and 33 Organizations Serving Transgender Individuals filed.
07/03/2019	Brief amici curiae of Employment Discrimination Law Scholars filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Amicus brief of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Members of the Legal Profession not accepted for filing. (Duplicate submission)
07/03/2019	Brief amici curiae of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Members of the Legal Profession filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amicus curiae of Altria Group, Inc. filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of William N. Eskridge Jr. and Andrew M. Koppelman filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of Professors Samuel R. Bagenstos, Michael C. Dorf, Martin S. Lederman, Leah M. Litman, and Margo Schlanger filed.
07/03/2019	Brief amici curiae of Anti-Discrimination Scholars filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of Anti-sexual Assault, Domestic Violence, and Gender-based Violence Organizations filed.
07/03/2019	Brief amici curiae of Brief of Scholars Who Study the Transgender Population filed.
07/03/2019	Brief amicus curiae of Legal Aid Society filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of Statutory Interpretation and Equality Law Scholars filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of The Southern Poverty Law Center, et al. filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of 206 Businesses filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of Modern Military Association of America and Transgender American Veterans Association filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of States of Illinois, New York, et al. filed (also 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of Philosophy Professors filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of Historians filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of National Education Association, et al. filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amicus curiae of American Bar Association filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Joinder Letter from Counsel for Intel Corporation of Intel Corporation not accepted for filing. (July 05, 2019)
07/03/2019	Brief amici curiae of InterACT: Advocates for Intersex Youth, et al. filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of Business Organizations filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of The Trevor Project, PFLAG, and Family Equality filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of Muslim Bar Association of New York, et al. filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of The American Medical Association, et al. filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of Law & History Professors filed.
07/03/2019	Brief amici curiae of Local Governments and Mayors filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of National LGBT Bar Association, et al. filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of Kenneth B. Mehlman, et al. filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of Corpus-Linguistics Scholars Professors Brian Slocum, et al. filed (also in 17-1618 & 17-1623). VIDED
07/03/2019	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.
07/03/2019	Brief amici curiae of Former Executive Branch Officials and Leaders, et al. filed (alos in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of Members of Congress filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amicus curiae of Lambda Legal Defense and Education Fund, Inc. filed.
07/03/2019	Brief amici curiae of Women CEOs and Other C-Suite Executives filed (also in 17-1618 & 17-1623). 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); (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of Transgender Law Center, Center for Constitutional Rights, and 44 Other Non-Profit and Grassroots Organizations filed.
07/03/2019	Brief amici curiae of Wisconsin Advcocacy Organizations filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of Walter Dellinger, et al. filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of American Psychological Association, et al. filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amicus curiae of National Women's Law Center filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of Wisconsin Advocacy Organizations filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of Impact Fund, et al. filed (also in 17-1618 & 17-1623). VIDED.
07/03/2019	Brief amici curiae of Service Employees International Union, et al. (also in 17-1618 & 17-1623) filed. VIDED.
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 (also in 17-1618 & 17-1623). VIDED.
07/09/2019	Brief amicus curiae of Georgia Equality filed (also in 17-1618 & 17-1623). VIDED.
08/01/2019	CIRCULATED
08/16/2019	Brief of petitioner R.G. & G.R. Harris Funeral Homes, Inc. filed. (Distributed)
08/16/2019	Brief amicus curiae of Foundation for Moral Law filed. (Distributed)
08/16/2019	Brief of respondent Equal Employment Opportunity Commission filed. (Distributed)
08/16/2019	Record requested from the U.S.C.A. 6th Circuit.
08/16/2019	Record received from the U.S.C.A. 6th Circuit is electronic.
08/20/2019	Brief amicus curiae of The H.T. Hackney Co. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
08/20/2019	Brief amicus curiae of Women's Liberation Front filed. (Distributed)
08/20/2019	Brief amicus curiae of Center for Arizona Policy filed. (Distributed)
08/20/2019	Brief amicus curiae of First Liberty Institute filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
08/21/2019	Brief amicus curiae of Advocates for Faith and Freedom filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
08/21/2019	Brief amici curiae of Defend My Privacy, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
08/21/2019	Brief amicus curiae of Ryan T. Anderson filed (also in 17-1623). VIDED. (Distributed)
08/21/2019	Brief amicus curiae of David A. Robinson filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
08/21/2019	Brief amicus curiae of Great Lakes Justice Center filed. (Distributed)
08/22/2019	Motion for divided argument filed by the Solicitor General.
08/22/2019	Brief amicus curiae of New Civil Liberties Alliance filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
08/22/2019	Brief amicus curiae of Dr. Paul R. McHugh, M.D., Professor of Psychiatry filed. (Distributed)
08/22/2019	Brief amici curiae of Institute for Faith and Family and Christian Family Coalition filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
08/22/2019	Brief amicus curiae of Free Speech Advocates filed. (Distributed)
08/22/2019	Brief amici curiae of Scholars of Philosophy, Theology, Law, Politics, History, Literature, and the Sciences filed. (Distributed)
08/22/2019	Brief amici curiae of Independent Women's Forum, et al. filed. (Distributed)
08/22/2019	Brief amici curiae of National Medical and Policy Groups That Study Sex and Gender Identity filed. (Distributed)
08/22/2019	Brief amici curiae of National Organization for Marriage and Center for Constitutional Jurisprudence filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
08/22/2019	Brief amicus curiae of Professor W. Burlette Carter filed. (Distributed)
08/22/2019	Brief amici curiae of National Association of Evangelicals, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
08/22/2019	Brief amici curiae of Billy Graham Evangelistic Association, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
08/22/2019	Brief amicus curiae of American Public Philosophy Institute filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
08/23/2019	Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. (Distributed)
08/23/2019	Brief amici curiae of Members of Congress filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
08/23/2019	Brief amicus curiae of Center for Religious Expression filed. (Distributed)
08/23/2019	Brief amici curiae of Council of Christian Colleges & Universities, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
08/23/2019	Brief amici curiae of Religious Freedom Institute's Islam & Religious Freedom Action Team, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
08/23/2019	Brief amici curiae of States of Tennessee, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
08/23/2019	Brief amici curiae of Scholars of Family and Sexuality filed. (Distributed)
08/23/2019	Brief amici curiae of Business Organizations filed (also in 17-1618 & 17-1623). VIDED. (Distributed)
08/23/2019	Brief amici curiae of Walt Heyer, et al. filed. (Distributed)
08/23/2019	Brief amici curiae of Women Business Owners and CEOs filed. (Distributed)
08/23/2019	Brief amicus curiae of William J. Bennett filed. (Distributed)
08/23/2019	Brief amicus curiae of Liberty Counsel filed. (Distributed)
08/23/2019	Brief amici curiae of Family Policy Groups filed. (Distributed)
08/23/2019	Brief amicus curiae of Christian Employers Alliance filed. (Distributed)
08/23/2019	Brief amicus curiae of Judicial Watch, Inc. filed. (Distributed)
08/23/2019	Brief amicus curiae of Military Spouses United filed. (Distributed)
08/23/2019	Brief amicus curiae of Public Advocate of the United Staes, et al. filed. (Distributed)
09/10/2019	Reply of respondent Aimee Stephens filed. (Distributed)
09/11/2019	Motion for divided argument filed by respondent GRANTED.
10/08/2019	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.
02/04/2020	Motion of State of New Hampshire for leave to file amicus brief not accepted for filing. (February 14, 2020 - motion withdrawn)
05/15/2020	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)
05/18/2020	Motion DISTRIBUTED for Conference of 5/21/2020.
05/26/2020	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.
06/15/2020	Adjudged to be AFFIRMED. Gorsuch, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf'>opinion</a> 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.
07/17/2020	JUDGMENT ISSUED.