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Heidi C. Lilley, Kia Sinclair, and Ginger M. Pierro v. New Hampshire
Paid petition · Supreme Court of New Hampshire, No. 2017-116 · judgment February 8, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Three women active in the Free the Nipple Movement were convicted of violating a Laconia, N.H. Ordinance prohibiting public exposure of “the female breast with less than a fully opaque covering of any part of the nipple.” Laconia, N.H., Code of Ordinances ch. 180, art. I, §§180-2(3), 180-4. The Supreme Court of New Hampshire affirmed their convictions in a published opinion rejecting state and federal Equal Protection Clause defenses. Contrary to federal appellate decisions, New Hampshire’s high court held an ordinance punishing only females for exposure of their areolas does not classify on the basis of gender. Alternatively, New Hampshire’s high court held the Ordinance would survive intermediate scrutiny anyway—a holding directly at odds with a recent Tenth Circuit decision, which in turn conflicts with decisions of the Seventh and Eighth Circuits. The questions presented are:
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Does an ordinance expressly punishing only women, but not men, for identical conduct—being topless in public—classify on the basis of gender?
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Does an ordinance criminalizing exposure of “the female breast,” under which only women are prosecuted for public exposure of their areolas, violate the Fourteenth Amendment’s Equal Protection Clause?
Counsel of record
For petitioner
Eric Alan Isaacson
Law Office of Eric Alan Isaacson
For respondent
Laura E. B. Lombardi
New Hampshire Department of Justice
Proceedings
- Jan 13 2020Petition DENIED.
- Dec 23 2019DISTRIBUTED for Conference of 1/10/2020.
- Dec 19 2019Reply of petitioners Heidi Lilley, et al. filed.
- Dec 05 2019Brief of respondent New Hampshire in opposition filed.
- Nov 14 2019Brief amicus curiae of Foundation for Moral Law filed.
- Nov 12 2019Motion to extend the time to file a response is granted and the time is further extended to and including December 5, 2019.
- Nov 07 2019Motion to extend the time to file a response from November 14, 2019 to December 5, 2019, submitted to The Clerk.
- Oct 09 2019Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2019.
- Oct 04 2019Motion to extend the time to file a response from October 15, 2019 to November 14, 2019, submitted to The Clerk.
- Sep 12 2019Response Requested. (Due October 15, 2019)
- Aug 21 2019DISTRIBUTED for Conference of 10/1/2019.
- Aug 12 2019Brief amici curiae of Grab Them by the Ballot, Inc., Spencer Tunick, Christine Hallquist filed.
- Aug 06 2019Waiver of right of respondent New Hampshire to respond filed.
- Jul 18 2019Blanket Consent filed by Petitioner, Heidi Lilley, et al.
- Jul 08 2019Petition for a writ of certiorari filed. (Response due August 12, 2019)
- Apr 19 2019Application (18A1074) granted by Justice Breyer extending the time to file until July 8, 2019.
- Apr 16 2019Application (18A1074) to extend the time to file a petition for a writ of certiorari from May 9, 2019 to July 8, 2019, submitted to Justice Breyer.