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LGBT+ SCOTUS Cases
YGK These US Supreme Court Cases Involving LGBT+ Rights
| Question | Answer |
|---|---|
| The first Supreme Court case to deal with LGBT rights | ONE, Inc. v. Olesen |
| The year ONE, Inc. v. Olesen was decided | 1958 |
| The name of the first magazine aimed at the gay and lesbian community, published in Los Angeles | ONE |
| The L.A. postmaster who refused to mail the magazine's October 1964 issue, claiming its content was obscene | Otto Olesen |
| The 1873 Act under which Olesen claimed the material was prohibited from being mailed | Comstock Act |
| The precedent cited by the Supreme Court in its ruling, effectively finding that material is not per se obscene just because it contains LGBT content | Roth v. U.S. |
| The case that upheld the constitutionality of state laws outlawing sodomy or other types of homosexual intercourse | Bowers v. Hardwick |
| The year Bowers v. Hardwick was decided | 1986 |
| The Atlanta police officer arrested this man for sodomy after seeing him engaged in consensual sex | Michael Hardwick |
| The Justice who wrote the majority opinion for Bowers v. Hardwick, stating the right to privacy did not cover homosexual behavior | Byron White |
| The Justice who switched his vote from upholding the Eleventh Circuit to overturning it and later publicly regretted the case’s outcome | Justice Lewis Powell |
| The case that held a state constitutional amendment denying LGBT persons status as a “protected class” was unconstitutional | Romer v. Evans |
| The year Romer v. Evans was decided | 1996 |
| The state whose voters approved an amendment in 1992 denying protected status to people of “homosexual, lesbian or bisexual orientation” | Colorado |
| The gay man who sued to prevent the amendment’s enforcement | Robert Evans |
| The Justice who wrote the first of several major LGBT rights opinions, noting the amendment failed the “rational basis” test | Justice Anthony Kennedy |
| The case that held that a private organization was allowed, under the First Amendment, to exclude LGBT persons from membership | Boy Scouts of America v. Dale |
| The year Boy Scouts of America v. Dale was decided | 2000 |
| The Eagle Scout who was removed from his leadership post and ousted from the Scouts after he came out as gay | James Dale |
| The state's law that Dale argued prohibited the Scouts from removing him for his sexuality (prohibiting discrimination in public accommodations) | New Jersey's law |
| The clause under which the Supreme Court ruled that private groups were permitted to exclude persons whose presence would “derogate from the organization’s expressive message” | First Amendment’s freedom of association clause |
| The year the Boy Scouts lifted its ban on gay members | 2014 |
| The year the Boy Scouts lifted its ban on gay leaders | 2015 |
| The case that declared laws against sodomy to be unconstitutional | Lawrence v. Texas |
| The year Lawrence v. Texas was decided | 2003 |
| The men arrested for violating Texas's sodomy law after police entered the apartment in response to a false report | John Lawrence and Tyron Garner |
| The Justice who wrote the majority opinion holding that the Due Process Clause prohibited government “intervention” in private sexual conduct | Justice Anthony Kennedy |
| The case explicitly overturned by Lawrence v. Texas | Bowers v. Hardwick |
| The Justice who filed a concurring opinion noting the Texas statute violated the Equal Protection Clause | Justice Sandra Day O’Connor |
| The case that effectively allowed same-sex marriage to resume in California | Hollingsworth v. Perry |
| The year Hollingsworth v. Perry was decided | 2013 |
| The state constitutional amendment passed by California voters in November 2008 that banned same-sex marriage | Proposition 8 |
| The state senator who was one of Proposition 8’s official proponents who was granted permission to defend the amendment in court | Dennis Hollingsworth |
| The clause of the U.S. Constitution under which the Supreme Court ruled that the amendment's proponents did not have standing to sue because they could not demonstrate “personal and tangible harm” | Article III |
| The case decided on the same day as Hollingsworth v. Perry | U.S. v. Windsor |
| The case that struck down the section of the 1996 Defense of Marriage Act (DOMA) that prohibited the federal government from recognizing same-sex marriages | U.S. v. Windsor |
| The year U.S. v. Windsor was decided | 2013 |
| The woman who sued the federal government after she was unable to claim a federal exemption from taxes on her wife's estate | Edie Windsor |
| The name of Edie Windsor's wife, whom she married in Canada in 2007 | Thea Spyer |
| The group that defended the constitutionality of the Defense of Marriage Act in court after the U.S. Department of Justice declined to | U.S. House’s Bipartisan Legal Advisory Group |
| The Justice who wrote the majority opinion holding that Section 3 of DOMA was unconstitutional as a violation of the Fifth Amendment’s Due Process Clause | Justice Anthony Kennedy |
| The case that legalized same-sex marriage nationwide | Obergefell v. Hodges |
| The year Obergefell v. Hodges was decided | 2015 |
| The 1972 case whose appeal the Supreme Court denied to hear, effectively setting precedent that denying marriage certificates to same-sex couples was constitutional | Baker v. Nelson |
| The U.S. Circuit Court that cited the Baker precedent in 2014 in upholding certain state bans on same-sex marriage | The Sixth Circuit |
| The plaintiff in Obergefell v. Hodges who was unable to add his name to his husband’s death certificate in Ohio despite being married in Maryland | Jim Obergefell |
| The Justice who wrote the 5–4 majority opinion in Obergefell v. Hodges, citing precedents such as Griswold, Lawrence, and Windsor | Anthony Kennedy |
| The clauses of the Fourteenth Amendment that bans on same-sex marriage were held to violate in Obergefell v. Hodges | Due Process and Equal Protection clauses |
| The group of cases that held that employees may not be fired or otherwise discriminated against due to their sexuality or gender identity | Bostock v. Clayton County (2020), Altitude Express, Inc. v. Zarda (2020), and R. G. & G. R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission (2020) (collectively Bostock) |
| The year the Bostock cases were decided | 2020 |
| The Act under which the Court ruled in Bostock that employers cannot discriminate against an employee “on the basis of race, color, religion, sex, or national origin” | Title VII of the 1964 Civil Rights Act |
| The person who was fired from a government job in Georgia after joining a gay softball league | Gerald Bostock |
| The person who was a skydiving instructor fired for telling a female student he was gay | Donald Zarda |
| The person who was fired after informing her employer of her transgender identity and plan to dress as a female while following the company’s dress code | Aimee Stephens |
| The Justice who wrote the 6–3 majority opinion covering all three Bostock cases | Justice Neil Gorsuch |
| The case that held that state anti-discrimination laws could not force someone to produce creative content that conflicts with their religious beliefs | 303 Creative, LLC v. Elenis |
| The year 303 Creative, LLC v. Elenis was decided | 2023 |
| The Colorado-based graphic designer who sued the state of Colorado over its anti-discrimination statute | Lorie Smith |
| The Justice who wrote the 6–3 majority opinion in 303 Creative stating that Smith’s website designs were "expressive speech" protected by the First Amendment | Justice Neil Gorsuch |
| The previous Court ruling cited by Gorsuch as supporting the Court’s opinion in 303 Creative | Boy Scouts v. Dale |
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