LGBT issues - The Indiana Lawyer

Thomas spoke, Roberts ruled in unusual Supreme Court term

July 13, 2020

Justice Clarence Thomas spoke and Chief Justice John Roberts ruled. The US Supreme Court’s most unusual term featured victories for immigrants, abortion rights, LGBTQ workers and religious freedoms. The usually quiet Thomas’ baritone was heard by the whole world when the coronavirus outbreak upended the court’s traditional way of doing business. When the biggest decisions were handed down, the chief justice was almost always in the majority and dictated the reach of the court’s most controversial cases, whether they were won by the left or the right.

Sykes becomes chief judge of 7th Circuit

July 9, 2020 | Marilyn Odendahl

Diane Sykes, who has often been mentioned as a possible nominee for the U.S. Supreme Court, has become the chief judge of the 7th Circuit Court of Appeals, assuming the leadership position July 5.

Roncalli, archdiocese lose bid to limit discovery in fired counselor’s discrimination suit

June 18, 2020 | Olivia Covington

The Indianapolis Archdiocese and an affiliated high school have once again lost a bid to limit discovery in a fired employee’s same-sex discrimination lawsuit to the question of whether the plaintiff’s claims fall under the First Amendment’s “ministerial exception.”

Simple math suggests complex back story at Supreme Court

June 17, 2020 | Associated Press

Supreme Court watchers were left scratching their heads when they learned Justice Neil Gorsuch was the author of Monday’s landmark LGBT rights ruling, but not because the appointee of President Donald Trump might have been expected to side with his conservative colleagues in dissent.

Indiana petitions U.S. Supreme Court to take same-sex parents’ birth certificate case

June 16, 2020 | Marilyn Odendahl

Continuing its fight over parentage, Indiana has petitioned the U.S. Supreme Court to review the appellate court ruling that allowed non-birth mothers in a same-sex marriage to be listed as parents on their children’s birth certificates.

Justices rule LGBT people protected from job discrimination

June 15, 2020 | Associated Press

The Supreme Court of the United States ruled Monday that a landmark civil rights law protects gay, lesbian and transgender people from discrimination in employment, a resounding victory for LGBT rights from a conservative court.

Reversal: US citizenship not required to obtain a name change

May 18, 2020 | Katie Stancombe

Citizenship in the United States is not required in order to obtain a name change, the Indiana Court of Appeals ruled Monday, reversing a trial court and ruling for two transgender men.

Indiana must recognize both spouses in female same-sex marriages as parents

March 17, 2020 | Marilyn Odendahl

A federal court issued an order Tuesday requiring Indiana to include non-birth mothers’ names on their children’s birth certificates, marking a milestone in a long legal battle.

Tougher Indiana law on under-18 marriages wins approval

March 13, 2020 | Associated Press

Anyone younger than 18 will need a judge’s permission in order to get married in Indiana under a law change approved by state legislators.

Reversal: Transgender name change permitted; trial court admonished for disrespect

March 12, 2020 | Katie Stancombe

A transgender man denied a motion to privately change his name and gender on his birth certificate won a reversal from the Indiana Court of Appeals, which admonished a trial court for denying the man’s petition and treating him disrespectfully.

AG Hill: State agencies can’t use nonbinary gender marker

March 11, 2020 | Olivia Covington

Indiana agencies are not allowed to use an “X” gender designation on identification documents for residents who don’t identify as male or female, the state attorney general said.

RFRA ‘fix’ challenged in appellate briefs in lawsuit against city ordinances

March 10, 2020 | Olivia Covington

Three traditional-marriage organizations challenging the amendment to Indiana’s controversial Religious Freedom Restoration Act are asking the Indiana Court of Appeals for relief, asserting they have standing to sue four cities that have enacted anti-discrimination ordinances.

Fired Cathedral teacher, archdiocese set to meet in court

March 4, 2020 | IL Staff

After a settlement conference was unsuccessful, oral arguments have been rescheduled for Tuesday in the case involving the former teacher at Cathedral Catholic High School in Indianapolis who was fired for being in a same-sex marriage.

Justices to hear dispute over same-sex foster parents

February 25, 2020 | Associated Press

The U.S. Supreme Court said Monday it will hear a dispute over a Philadelphia Catholic agency that won’t place foster children with same-sex couples, a big test of religious rights on a more conservative court.

Birth certificate ruling brings relief

February 5, 2020 | Marilyn Odendahl

In a cruel twist, Crystal and Noell Allen discovered even though Indiana prohibited them from being listed as parents on their twins’ birth certificates, the state did allow both mothers to be identified as parents on the babies’ death certificates. The couple prevailed in court, but their battle to be legally recognized as parents — along with other women in same-sex marriages — may not be over.

Scrap over old Indiana gay marriage ban derails popular bill

February 3, 2020 | Associated Press

A potential fight over whether to repeal Indiana’s obsolete ban on same-sex marriages has sidetracked a widely supported proposal to raise the state’s minimum age for getting married.

7th Circuit: Birth certificates should list both mothers in same-sex marriages

January 17, 2020 | Marilyn Odendahl

Nearly three years after oral arguments, the 7^th Circuit Court of Appeals has issued a ruling in Indiana’s same-sex birth certificate case by following what the U.S. Supreme Court said to do — find in favor of the mothers.

Religious retaliation, accommodation claims to continue against Brownsburg schools

January 10, 2020 | Olivia Covington

A federal lawsuit alleging Brownsburg schools discriminated against a former teacher who refused to address transgender students by their chosen first names will continue with claims brought under Title VII, though 11 other state and federal constitutional claims against the school district were dismissed. The judge also cautioned both sides against efforts to expand the issues in the case to nonparty students.

‘Ministerial exception’ discovery motion fails in lawsuit against Indianapolis Archdiocese

December 23, 2019 | Katie Stancombe

A motion in a lawsuit against the Indianapolis Archdiocese to limit discovery to the question of whether a fired gay counselor falls under the First Amendment’s “ministerial exception” has been defeated in “close call” in Indiana federal court.

Arguments in Archdiocese lawsuit nixed, settlement possible

December 6, 2019 | Marilyn Odendahl

The oral arguments scheduled for Dec. 12 in the case involving the Cathedral High School teacher fired by the Archdiocese of Indianapolis for being in a same-sex marriage have been postponed, but the judge presiding over the matter is hopeful the parties will reach a settlement in the interim.

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