GET HELP NAVIGATING SOCIAL SECURITY SURVIVOR'S BENEFITSLEARN MORE

Cases

Find Your State

Know the laws in your state that protect LGBT people and people living with HIV.

Docket (Open Cases)

School districts must be able to address legitimately harmful speech such as bullying, harassment, and threats of violence- whether or not it occurs on school grounds - but must be very specific and distinct with their actions to not overextend their authority, an amicus brief filed Wednesday before the U.S. Supreme Court states.
Plaintiffs Facing Foster Care in Alaska (FFCA), Family Equality, True Colors United, Inc., and Services & Advocacy for GLBT Elders (SAGE) collectively challenge the Grants Rule issued by the United States Department of Health and Human Services’ (HHS) on January 12, 2021 that modifies a regulation finalized in 2016, which set uniform nondiscrimination protections for beneficiaries of and participants in services and programs funded by HHS grants.

Recent Victories

A lawsuit against the U.S. Social Security Administration (SSA) on behalf of a 65-year-old gay man seeking spousal survivor’s benefits based on his 43-year relationship with his husband, who died seven months after Arizona began allowing same-sex couples to marry. The lawsuit filed on behalf of Michael Ely in the U.S. District Court for the District of Arizona argues that SSA’s imposition of a nine-month marriage requirement for social security survivor’s benefits is unconstitutional where same-sex couples were not able to be married for nine months because of discriminatory marriage laws. If you married your same-sex spouse, but were unable to be married for at least nine months before your spouse’s death because of discriminatory marriage laws where you lived, you may be a member of the Ely class. Click here for the Ely FAQ: https://www.lambdalegal.org/in-court/legal-docs/20210212_ely_faq
Lambda Legal filed a federal lawsuit challenging Kansas’ refusal to correct the gender marker on birth certificates for transgender individuals. At the time of the filing, Kansas was one of just three states, along with Tennessee and Ohio, that had yet to change this extremely regressive and outdated policy.

Landmark Cases

A lawsuit against the U.S. Social Security Administration (SSA) on behalf of a 65-year-old gay man seeking spousal survivor’s benefits based on his 43-year relationship with his husband, who died seven months after Arizona began allowing same-sex couples to marry. The lawsuit filed on behalf of Michael Ely in the U.S. District Court for the District of Arizona argues that SSA’s imposition of a nine-month marriage requirement for social security survivor’s benefits is unconstitutional where same-sex couples were not able to be married for nine months because of discriminatory marriage laws. If you married your same-sex spouse, but were unable to be married for at least nine months before your spouse’s death because of discriminatory marriage laws where you lived, you may be a member of the Ely class. Click here for the Ely FAQ: https://www.lambdalegal.org/in-court/legal-docs/20210212_ely_faq
On June 15, 2020, the Supreme Court issued a landmark decision approving the analysis Lambda Legal has been advancing for fifteen years that discrimination based on gender identity or sexual orientation is sex discrimination, and violates the Civil Rights Act of 1964. This federal law, which often is referred to as “Title VII,” prohibits employers from discriminating against employees on the basis of sex, race, color, national origin and religion.

Selected Cases

Plaintiffs Facing Foster Care in Alaska (FFCA), Family Equality, True Colors United, Inc., and Services & Advocacy for GLBT Elders (SAGE) collectively challenge the Grants Rule issued by the United States Department of Health and Human Services’ (HHS) on January 12, 2021 that modifies a regulation finalized in 2016, which set uniform nondiscrimination protections for beneficiaries of and participants in services and programs funded by HHS grants.
On January 19, 2021, Lambda Legal and a coalition of service and advocacy groups filed suit against the Trump administration for rolling back religious freedom protections that required faith-based organizations providing critical, taxpayer-funded services (like food and shelter) to inform recipients of their legal rights to be free from discrimination, not to have to attend religious programming, and to have the opportunity to get a referral for an alternative provider.