News & Analysis as of

Fourteenth Amendment Discrimination

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers Pressed Over Health Plan Coverage of Transgender Treatments for Minors

​​​​​​​Employers are facing increasing - and conflicting - pressures over health plan coverage of puberty-blocking medications used to treat some minors for gender dysphoria. Several states have restricted the use of...more

FordHarrison

New Collective Bargaining Agreement for Minneapolis Teachers Will Structure Layoffs by Race

FordHarrison on

Executive Summary: Minneapolis public school teachers of color will have additional job protections this upcoming school year under a new contract allowing them to keep their jobs rather than white instructors with more...more

McDermott Will & Emery

Wisconsin Enacts Discriminatory Exit Charge for Businesses Moving out of State

McDermott Will & Emery on

On June 24, 2019, Wisconsin Governor Tony Evers (D), signed into law AB 10, entitled “2019 Wisconsin Act 7.” This Act either bars a deduction for, or requires that amounts deducted be added back to, Wisconsin taxable income...more

Farrell Fritz, P.C.

Court Admonishes Village for Adopting Laws with a Discriminatory Purpose

Farrell Fritz, P.C. on

Local governments in New York may regulate land use within their borders directly through their zoning codes and indirectly by adopting a variety of other statutes and regulations. ...more

FordHarrison

Seventh Circuit Holds Distressed County Did Not Violate ADEA When It Terminated Rehired Retirees to Preserve Supplemental Health...

FordHarrison on

On July 26, 2017, the United States Court of Appeals for the Seventh Circuit in Carson v. Lake County, Indiana affirmed the district court’s order granting summary judgment to the employer on the plaintiffs’ Age...more

Mintz - Public Finance Viewpoints

Tax-Exempt Financing of Churches, Parochial Schools and Other Sectarian Institutions After Trinity Lutheran Church: Permitted? ...

The U.S. Supreme Court’s June 26 opinion in Trinity Lutheran Church of Columbia, Inc. v. Comer, precluding states from discriminating against churches in at least some state financing programs, raises anew the question of...more

Pillsbury - Gravel2Gavel Construction & Real...

10th Circ.: Permit Issuance Is Not State Action For Purposes of 14th Amendment

On April 19, 2016, the U.S. Court of Appeals for the Tenth Circuit, in Wasatch Equality, et al., v. Alta Ski Lifts Company, et al., affirmed the lower court’s dismissal of a lawsuit claiming that the U.S. Forest Service, in...more

Baker Donelson

Constitutional Right to Sell Beer?

Baker Donelson on

Texas, like many states, has a patchwork of complicated, and often inconsistent, alcohol regulatory laws. A few years ago, Texas craft breweries were authorized to sell products to visitors for on-premises consumption. So, if...more

Robinson+Cole RLUIPA Defense

RLUIPA Round-Up

Religion Clause Blog reports that Indiana’s First Church of Cannabis is using the state’s recently enacted religious freedom law to protect its founder and two members from prosecution for possession of marijuana. The Church...more

Baker Donelson

SCOTUS Alert: Same-Sex Marriage is a Go, and ACA Stays Alive

Baker Donelson on

Two big decisions in two days from the Supreme Court. Read on for details. Same-Sex Marriage is a Go! Today, the United States Supreme Court issued a monumental decision in Obergefell, et al. v. Hodges, et al.; Case No....more

Proskauer - Employee Benefits & Executive...

The U.S. Supreme Court Finds a Constitutional Right to Same-Sex Marriage: Implications for Employee Benefit Plan Sponsors

On June 26, 2015, the U.S. Supreme Court issued a historic decision in Obergefell v. Hodges, holding that the Fourteenth Amendment’s Due Process and Equal Protection Clauses require states to allow same-sex marriage and to...more

Seyfarth Shaw LLP

Same-Sex Marriage Bans As Sex Discrimination: The potential impact on plan sponsors

Seyfarth Shaw LLP on

In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question: Counsel, I’m, I’m not sure it’s necessary to get into sexual orientation to resolve...more

BakerHostetler

Ninth Circuit Upholds TERO Requirements in Indian Country Mineral Leasing

BakerHostetler on

Conducting commercial operations on tribal lands can pose significant challenges for non-Indian companies. Demonstrating sensitivity to the cultural nuances of Native American society and navigating the complex web of federal...more

Pullman & Comley, LLC

Same-Sex Marriage Recognized as Valid in Non-Recognition State for Purposes of Interpreting the Bankruptcy Code

Pullman & Comley, LLC on

As a result of two Federal trial court decisions issued May 19, 2014 and May 20, 2014, Oregon and Pennsylvania became the 18th and 19th states where gay and lesbian couples can legally marry. In these decisions, U.S....more

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