Co-authors Marcus Fettinger and Fred Gaona

Discrimination based on sex is illegal. Does that include sexual orientation? It depends on where you live. In Texas, discrimination based on sexual orientation may be inappropriate, but it is not illegal. Elsewhere in the U.S. that is changing, and Texas could soon be impacted as well.

On February 26, 2018, the United States Court of Appeals for the Second Circuit, which has jurisdiction over Vermont, New York and Connecticut, ruled that discrimination based on sexual orientation can be sex discrimination. This differs from the view of the Federal Court of Appeals over Texas, creating a division, or “split” across the country. Citizens of different states can now be treated differently under the same federal law and the U.S. Supreme Court does not like it when that happens. For reasons that are easy to understand, the Supreme Court would like the law applied the same across the whole country. 
Continue Reading Game Changer? New Sex Discrimination Case Regarding Sexual Orientation