Antidiscrimination Law

Eighth Circuit holds that videographers have First Amendment free speech right to refuse to provide services at same-sex weddings

In Telescope Media Group v. Lucero, 936 F.3d 740 (8th Cir. 2019), the Eighth Circuit held that Minnesota could not enforce its public accommodations law against a company that refused to provide video services for same-sex weddings. The process of producing a video, the court said, constitutes “speech” and would be posted on the company’s website....

Read more about Eighth Circuit holds that videographers have First Amendment free speech right to refuse to provide services at same-sex weddings

State constitutional and statutory right in Arizona to refuse to create custom wedding invitations for same-sex couples

In a 4-3 decision, the Arizona Supreme Court has interpreted its constitution, Ariz. Const. art. 2, §6, and its Free Exercise of Religion Act, Ariz. Rev. Stat. § 41-1493.01, to give a public accommodation the right to refuse service to same-sex couples who seek custom wedding invitations. ...

Read more about State constitutional and statutory right in Arizona to refuse to create custom wedding invitations for same-sex couples

Federal court allows public accommodation to refuse to create custom videos of same-sex weddings

In a 2 to 1 vote, the Eight Circuit has held that the First Amendment prohibits a state from enforcing its public accommodations law if it requires videographers to create custom videotapes of same-sex weddings even though they provide this service to opposite-sex weddings. Telescope Media Group v. Lucero, 2019 U.S. App. LEXIS 25320 (8th Cir. 2019). Because the videos will be edited and posted on the videographer's website, the majority accepted the defendant's argument that they would convey a message of support for same-sex marriage contrary to the... Read more about Federal court allows public accommodation to refuse to create custom videos of same-sex weddings

Washington Supreme Court reaffirms its finding of sexual orientation discrimination by florist

On remand in light of the Supreme Court ruling in Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Comm'n,  the Washington Supreme Court unanimously reaffirmed its ruling in State v. Arelene's Flowers, 389 P.3d 543 (Wash 2017), as modified by 2017 Wash. LEXIS 222 (Wash. 2017). Lambda Legal, ...

Read more about Washington Supreme Court reaffirms its finding of sexual orientation discrimination by florist

Wedding planning website cannot refuse to serve same-sex couples

A Web-based graphic design company that intends to design custom websites for customers planning weddings sought to place a statement explaining the owner's intent not to serve same-sex couples. A federal court has held that this violates the state's public accommodations law because it constitutes discrimination on the basis of sexual orientation. ...

Read more about Wedding planning website cannot refuse to serve same-sex couples

Fifth Circuit rules that landlord rejection of Section 8 housing voucher recipients does not violate the Fair Housing Act by imposing a disparate impact on the basis of race

Persons in need of financial assistance to afford housing are in a variety of categories of persons protected by the Fair Housing Act. African Americans are more likely than white persons to be poor; women of all races are more likely to be poor than men; persons with disabilities are more likely to need government assistance than...

Read more about Fifth Circuit rules that landlord rejection of Section 8 housing voucher recipients does not violate the Fair Housing Act by imposing a disparate impact on the basis of race

Supreme Court to decide whether discrimination on the basis of sexual orientation and gender identity are forms of "sex" discrimination under federal laws

The Supreme Court accepted certiorari in three cases (Altitude Express, Inc. v. Zarda, Bostock v. Clayton County, Georgia, and R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC) and will determine whether federal employment discrimination laws that ban "sex" discrimination cover discrimination based on sexual orientation and/or...

Read more about Supreme Court to decide whether discrimination on the basis of sexual orientation and gender identity are forms of "sex" discrimination under federal laws

City of Miami has standing to challenge discriminatory mortgage lending policies of banks

On remand from a Supreme Court ruling that cities can be "aggrieved persons" injured by discriminatory housing practices, Bank of America Corp. v. City of Miami, 137 S.Ct. 1296 (U.S. 2017), the Eleventh Circuit held that the City of Miami had alleged sufficient injury to have standing to bring a Fair Housing Act claim against...

Read more about City of Miami has standing to challenge discriminatory mortgage lending policies of banks

To avoid engaging in discrimination, Facebook changes its policy that had allowed advertisers for housing, employment, and credit to select which users could see their ads

Responding to a lawsuit filed by the National Fair Housing Alliance and others that alleged discrimination against families with children, women, persons with disabilities, and on the basis of national origin, Facebook announced changes in its policies to avoid engaging in discriminatory advertisements. Brakkton Booker, ...

Read more about To avoid engaging in discrimination, Facebook changes its policy that had allowed advertisers for housing, employment, and credit to select which users could see their ads

Condominium's policy of segregating pool hours by gender violates fair housing laws

The Third Circuit held that a condo association that adopted sex-segregated pool hours to accommodate its Orthodox Jewish residents in an "over-55" age-restricted condominum violated the Fair Housing Act both by denying access to the common area based on sex and by giving women only 3.5 hours to swim on weeknights compared to 16.5...

Read more about Condominium's policy of segregating pool hours by gender violates fair housing laws