Striking a Balance or Striking Out? SCOTUS Takes a Swing at Free Speech, Religion, and Anti-Discrimination Laws in 303 Creative LLC v. Elenis

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The Supreme Court's ruling last week in the case of 303 Creative LLC v. Elenis has ignited a complex debate regarding the delicate balance between free speech rights and anti-discrimination laws. This landmark decision is being celebrated by some as a victory for free expression and panned by others as a strike against civil rights protections and established Supreme Court precedent.

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Fifth Circuit Upholds Ruling Against Claim of Employment Discrimination Based on Transgender Status But Leaves the Door Open to Future Argument of the Issue

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Fifth Circuit Court of Appeals

Fifth Circuit Court of Appeals

In an opinion issued yesterday in Wittmer v. Phillips 66 Company, the Fifth Court of Appeals affirmed the granting of summary judgment in favor of Phillips 66 on a claim of employment discrimination based on transgender status. 

The Court of Appeals went beyond merely upholding the lower court’s summary judgment however. In its opinion, the Fifth Circuit expressly rejected the district court’s determination that Title VII prohibits employment discrimination based on transgender status

The Fifth Circuit pointed to its past precedent holding that Title VII does not prohibit sexual orientation discrimination and faulted the district court for not distinguishing this case from that precedent.  Interestingly, this decision leaves some room for the possibility that the Fifth Circuit might someday hold that Title VII does in fact prohibit transgender employment discrimination as long as the case is distinguished from discrimination based on sexual orientation, which the court has already ruled is not prohibited.

Here is the text of the Fifth Circuit opinion.

Here is a link to the Fifth Circuit oral argument.

Here is the text of the original district court opinion.