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Gerald Lynn Bostock v. Clayton County, Georgia

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-13801 · judgment May 10, 2018

Decided · June 15, 2020
Pre-decision estimate: 31% cert probability (95% interval 20%–43%)

Before the decision, about 7.4× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Consolidated with 17-1623. Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination "because of... sex" within the meaning of Title VII of the Civil Rights Act of 1964, 42U.S.C. § 2000e-2.

Counsel of record

For petitioner
Brian John Sutherland
Buckley Beal, LLP

For respondent
Gregory Antollino
Suite 904

Case

Conference history
Distributed for 15 conferences

Amicus briefs
66 merits
(42 supporting pet./neither, 24 respondent)

Related
Vide, 17-1623

Argument & decision

Argued October 8, 2019 — Pamela S. Karlan · Jeffrey M. Harris. Audio and transcript

Decided June 15, 2020. Opinion by Gorsuch.

Proceedings

  1. Jul 17 2020
    JUDGMENT ISSUED.
  2. Jun 15 2020
    Judgment REVERSED and case REMANDED (Affirmed in No. 17-1623). Gorsuch, J., delivered the opinion 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 also for No. 18-107). VIDED.
  3. Feb 20 2020
    Support of amicus brief of State of New Hampshire not accepted for filing. (March 11, 2020 - not type of document to be electronically submitted).
  4. Feb 04 2020
    Motion of State of New Hampshire for leave to file amicus brief not accepted for filing. (February 14, 2020 - motion withdrawn)
  5. Oct 08 2019
    Argued. For petitioner in 17-1618 and respondents in 17-1623: Pamela S. Karlan, Stanford, Cal. For respondent in 17-1618 and petitioners in 17-1623: Jeffrey M. Harris, Arlington, Va.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED.
  6. Sep 11 2019
    Motion for divided argument filed by petitioners DENIED. VIDED.
  7. Sep 11 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED.
  8. Sep 10 2019
    Reply of respondent Melissa Zarda, et al. (respondents in 17-1623) filed. VIDED. (Distributed)
  9. Sep 10 2019
    Reply of petitioner Gerald Lynn Bostock filed. (Distributed)
  10. Aug 27 2019
    Record from the U.S.C.A. 11th Circuit is complete and located on PACER.
  11. Aug 23 2019
    Brief amicus curiae of Ryan T. Anderson filed. VIDED (Distributed) (Also in 18-107)
  12. Aug 23 2019
    Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED. (Distributed)
  13. Aug 23 2019
    Brief amicus curiae of United States filed. VIDED. (Distributed)
  14. Aug 23 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
  15. Aug 23 2019
    Brief amici curiae of Council of Christian Colleges & Universities, et al. filed. VIDED. (Distributed) (Also in 18-107)
  16. Aug 23 2019
    Brief amici curiae of Religious Freedom Institute's Islam & Religious Freedom Action Team and Islamic Scholars filed. VIDED. (Distributed) (Also in 18-107)
  17. Aug 23 2019
    Brief amici curiae of States of Tennessee, et al. filed. VIDED. (Distributed) (Also in 18-107)
  18. Aug 23 2019
    Brief amici curiae of Public Advocate of the United States, et al. filed. VIDED.(Distributed)
  19. Aug 23 2019
    Brief amici curiae of Members of Congress filed. VIDED. (Distributed) (Also in 18-107)
  20. Aug 23 2019
    Brief amicus curiae of Liberty Counsel filed. VIDED. (Distributed)
  21. Aug 23 2019
    Brief amici curiae of Business Organizations filed. VIDED. (Distributed) (Also in 18-107)
  22. Aug 23 2019
    Brief amicus curiae of W. Burlette Carter filed (in 17-1623). (Distributed)
  23. Aug 23 2019
    Amicus brief of Muslim American Leaders not accepted for filing. (October 01, 2019)
  24. Aug 22 2019
    Amicus brief of National Association of Evangelicals, et al. not accepted for filing. (August 23, 2019)
  25. Aug 22 2019
    Brief amici curiae of National Organization for Marriage and Center for Constitutional Jurisprudence filed. VIDED. (Distributed) (Also in 18-107)
  26. Aug 22 2019
    Brief amici curiae of National Association of Evangelicals, et al. filed. VIDED. (Distributed) (Also in 18-107)
  27. Aug 22 2019
    Brief amici curiae of Institute for Faith and Family and Christian Family Coalition filed. VIDED. (Distributed) (Also in 18-107)
  28. Aug 22 2019
    Brief amici curiae of Billy Graham Evangelistic Association, et al. filed. VIDED. (Distributed) (Also in 18-107)
  29. Aug 22 2019
    Brief amicus curiae of New Civil Liberties Alliance filed. VIDED. (Distributed) (Also in 18-107)
  30. Aug 22 2019
    Brief amicus curiae of American Public Philosophy Institute filed. VIDED. (Distributed) (Also in 18-107)
  31. Aug 21 2019
    Brief amicus curiae of Advocates for Faith and Freedom filed. VIDED. (Distributed) (Also in 18-107)
  32. Aug 21 2019
    Brief amicus curiae of David A. Robinson filed. VIDED. (Distributed) (Also in 18-107)
  33. Aug 21 2019
    Amicus brief of David A. Robinson not accepted for filing. (Duplicate submission)(August 26, 2019)
  34. Aug 21 2019
    Brief amici curiae of Defend My Privacy, et al. filed. VIDED. (Distributed) (Also in 18-107)
  35. Aug 20 2019
    Brief amicus curiae of The H.T. Hackney Co. filed. VIDED. (Distributed) (Also in 18-107)
  36. Aug 20 2019
    Brief amicus curiae of First Liberty Institute filed. VIDED. (Distributed) (Also in 18-107)
  37. Aug 19 2019
    Brief amicus curiae of Marriage Law Foundation filed. VIDED. (Distributed)
  38. Aug 16 2019
    Brief of petitioners Altitude Express, Inc., et al. filed (in 17-1623). (Distributed)
  39. Aug 16 2019
    Brief amicus curiae of Foundation for Moral Law filed. VIDED. (Distributed). (Also in 18-107)
  40. Aug 16 2019
    Brief of respondent Clayton County, Georgia filed (in 17-1618). (Distributed)
  41. Aug 16 2019
    Record requested from the U.S.C.A. 11th Circuit.
  42. Aug 01 2019
    CIRCULATED
  43. Jul 26 2019
    Joint motion of petitioner Bostock and respondents Zarda and Moore for divided argument filed. VIDED.
  44. Jul 08 2019
    Statement of Printing Cost of Melissa Zarda et al. (respondents in 17-1623) not accepted for filing. (July 12, 2019). (Document not of the type to be filed electronically)
  45. Jul 03 2019
    Brief amici curiae of Employment Discrimination Law Scholars filed. VIDED. (Also in 18-107)
  46. Jul 03 2019
    Brief amicus curiae of Altria Group, Inc. filed. VIDED. (Also in 18-107)
  47. Jul 03 2019
    Brief amici curiae of William N. Eskridge Jr. and Andrew M. Koppelman filed. VIDED. (Also in 18-107)
  48. Jul 03 2019
    Brief amici curiae of Anti-Discrimination Scholars filed. VIDED. (Also in 18-107)
  49. Jul 03 2019
    Letter to the Clerk Joining Another Amicus Brief of Intel Corporation not accepted for filing. (July 05, 2019)
  50. Jul 03 2019
    Brief amici curiae of The Southern Poverty Law Center, et al. filed. VIDED. (Also in 18-107).
  51. Jul 03 2019
    Brief amicus curiae of Legal Aid Society filed. VIDED. (Also in 18-107)
  52. Jul 03 2019
    Brief amici curiae of Statutory Interpretation and Equality Law Scholars filed. VIDED. (Also in 18-107)
  53. Jul 03 2019
    Brief amici curiae of 206 Businesses filed. VIDED. (Also in 18-107).
  54. Jul 03 2019
    Brief amici curiae of Modern Military Association of America and Transgender American Veterans Association filed. VIDED. (Also in 18-107)
  55. Jul 03 2019
    Brief amici curiae of States of Illinois, New York, et al. filed. VIDED. (Also in 18-107)
  56. Jul 03 2019
    Brief amici curiae of Philosophy Professors filed. VIDED. (Also in 18-107)
  57. Jul 03 2019
    Brief amici curiae of Historians filed. VIDED. (Also in 18-107).
  58. Jul 03 2019
    Brief amici curiae of National Education Association, et al. filed. VIDED. (Also in 18-107).
  59. Jul 03 2019
    Brief amicus curiae of American Bar Association filed. VIDED. (Also in 18-107)
  60. Jul 03 2019
    Brief amici curiae of InterACT: Advocates for Intersex Youth, et al. filed. VIDED. (Also in 18-107)
  61. Jul 03 2019
    Brief amici curiae of The Trevor Project, PFLAG, and Family Equality filed. VIDED. (Also in 18-107)
  62. Jul 03 2019
    Brief amici curiae of Business Organizations filed. VIDED. (Also in 18-107)
  63. Jul 03 2019
    Brief amici curiae of The American Medical Association, et al. filed. VIDED. (Also in 18-107)
  64. Jul 03 2019
    Brief amici curiae of Muslim Bar Association of New York, et al. filed. VIDED. (Also in 18-107)
  65. Jul 03 2019
    Brief amici curiae of Scholars Who Study the LGB Population filed. VIDED.
  66. Jul 03 2019
    Brief amici curiae of Local Governments and Mayors filed. VIDED. (Also in 18-107)
  67. Jul 03 2019
    Brief amici curiae of National LGBT Bar Association, et al. filed. VIDED. (Also in 18-107)
  68. Jul 03 2019
    Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations filed. VIDED. (Also in 18-107)
  69. Jul 03 2019
    Brief amici curiae of Kenneth B. Mehlman et al. filed. VIDED. (Also in 18-107)
  70. Jul 03 2019
    Brief amici curiae of Corpus-Linguistics Scholars Professors Brian Slocum, et al. filed. VIDED. (Also in 18-107)
  71. Jul 03 2019
    Brief amici curiae of The Presiding Bishop and President of the House of Deputies of the Episcopal Church, et al. filed. VIDED (Also in 18-107)
  72. Jul 03 2019
    Brief amici curiae of Former Executive Branch Officials and Leaders, et al. filed. VIDED. (also in 18-107)
  73. Jul 03 2019
    Brief amici curiae of Georgia Equality filed. VIDED. (Also in 18-107)
  74. Jul 03 2019
    Brief amici curiae of Members of Congress filed. VIDED. (Also in 18-107)
  75. Jul 03 2019
    Brief amici curiae of Service Employees International Union, et al. filed. VIDED. (Also in 18-107)
  76. Jul 03 2019
    Brief amici curiae of Women CEOs and Other C-Suite Executives filed. VIDED. (Also in 18-107)
  77. Jul 03 2019
    Brief amici curiae of Walter Dellinger, et al. filed. VIDED. (Also in 18-107)
  78. Jul 03 2019
    Brief amicus curiae of Lambda Legal Defense and Education Fund, Inc. filed. VIDED.
  79. Jul 03 2019
    Amicus brief of GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, et al. not accepted for filing. (Corrected version submitted).
  80. Jul 03 2019
    Brief amici curiae of GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, et al. filed (July 10, 2019). VIDED. (Also in 18-107).
  81. Jul 03 2019
    Brief amici curiae of Wisconsin Advcocacy Organizations filed. VIDED. (Also in 18-107)
  82. Jul 03 2019
    Brief amici curiae of American Psychological Association, et al. filed. VIDED. (Also in 18-107)
  83. Jul 03 2019
    Brief amici curiae of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Members of the Legal Profession and Law Students filed. VIDED. (Also in 18-107)
  84. Jul 03 2019
    Brief amici curiae of National Women's Law Center filed. VIDED. (Also in 18-107)
  85. Jul 03 2019
    Brief amici curiae of Impact Fund, et al. filed. VIDED. (Also in 18-107)
  86. Jul 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. VIDED. (Also in 18-107)
  87. Jul 02 2019
    Brief amici curiae of The Women’s and Children’s Advocacy Project, Equal Means Equal, and Allies Reaching for Equality filed. VIDED. (Also in 18-107)
  88. Jul 01 2019
    SET FOR ARGUMENT on Tuesday, October 8, 2019. VIDED
  89. Jun 27 2019
    Brief amicus curiae of Karl Olson filed. VIDED.
  90. Jun 26 2019
    Joint appendix filed (in 17-1618). (Statement of costs filed)
  91. Jun 26 2019
    Brief of petitioner Gerald Lynn Bostock filed.
  92. Jun 26 2019
    Joint appendix filed (in 17-1623). (Statement of costs filed)
  93. Jun 26 2019
    Brief of respondents Melissa Zarda, et al. filed (in 17-1623).
  94. Jun 12 2019
    Blanket Consent filed by Respondent, Clayton County, Georgia.
  95. Jun 05 2019
    Letter from counsel for petitioner, respondents in 17-1623, and respondent Aimee Stephens in 18-107, regarding requests for consent to file amicus curiae briefs filed. VIDED.
  96. May 22 2019
    Blanket Consent filed by Petitioner, Altitude Express, Inc., et al. (petitioners in 17-1623)
  97. May 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.
  98. May 09 2019
    Briefing proposal from the parties in Nos. 17-1618, 17-1623, and 18-107 filed. VIDED.
  99. Apr 23 2019
    Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 17-1618. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 17-1618. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the fling is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
  100. Apr 22 2019
    Petition GRANTED. The petition for writ of certiorari in No. 17-1623 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
  101. Apr 15 2019
    DISTRIBUTED for Conference of 4/18/2019.
  102. Apr 08 2019
    DISTRIBUTED for Conference of 4/12/2019.
  103. Mar 25 2019
    DISTRIBUTED for Conference of 3/29/2019.
  104. Mar 18 2019
    DISTRIBUTED for Conference of 3/22/2019.
  105. Mar 11 2019
    DISTRIBUTED for Conference of 3/15/2019.
  106. Feb 25 2019
    DISTRIBUTED for Conference of 3/1/2019.
  107. Feb 19 2019
    DISTRIBUTED for Conference of 2/22/2019.
  108. Feb 04 2019
    DISTRIBUTED for Conference of 2/15/2019.
  109. Jan 14 2019
    DISTRIBUTED for Conference of 1/18/2019.
  110. Jan 07 2019
    DISTRIBUTED for Conference of 1/11/2019.
  111. Dec 20 2018
    DISTRIBUTED for Conference of 1/4/2019.
  112. Dec 03 2018
    DISTRIBUTED for Conference of 12/7/2018.
  113. Dec 03 2018
    Rescheduled.
  114. Nov 26 2018
    Rescheduled.
  115. Nov 07 2018
    DISTRIBUTED for Conference of 11/30/2018.
  116. Sep 11 2018
    Rescheduled.
  117. Aug 29 2018
    DISTRIBUTED for Conference of 9/24/2018.
  118. Aug 24 2018
    Reply of petitioner Gerald Lynn Bostock filed.
  119. Aug 10 2018
    Brief of respondent Clayton County, Georgia in opposition filed.
  120. Aug 02 2018
    Supplemental brief of petitioner Gerald Lynn Bostock filed.
  121. Jul 13 2018
    Response Requested. (Due August 13, 2018)
  122. Jul 03 2018
    DISTRIBUTED for Conference of 9/24/2018.
  123. Jun 27 2018
    Waiver of right of respondent Clayton County, Georgia to respond filed.
  124. Jun 05 2018
    Blanket Consent filed by Petitioner, Gerald Lynn Bostock.
  125. May 25 2018
    Petition for a writ of certiorari filed. (Response due July 2, 2018)