No. 17-1623

Altitude Express, Inc., et al. v. Melissa Zarda and William Allen Moore, Jr., Co-Independent Executors of the Estate of Donald Zarda

from the United States Court of Appeals for the Second Circuit

See other cases from the Second Circuit.

Docket Entries




Adjudged to be AFFIRMED (Reversed and remanded in No. 17-1618). 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.

Support of amicus brief of State of New Hampshire submitted.

Motion of State of New Hampshire for leave to file amicus brief submitted.

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.

Brief amicus curiae of W. Burlette Carter filed. (Distributed)

Amicus brief of W. Burlette Carter submitted.

Amicus brief of Liberty Counsel submitted.

Amicus brief of Ryan T. Anderson submitted.

Amicus brief of Advocates for Faith and Freedom submitted.

Record received from the U.S.C.A. 2nd Circuit is electronic.

Amicus brief of Foundation for Moral Law submitted.

Amicus brief of Marriage Law Foundation submitted.

Record requested from the U.S.C.A. 2nd Circuit.

Brief of Altitude Express, Inc., et al. submitted.


Amicus brief of The Presiding Bishop and President of the House of Deputies of the Episcopal Church; United Synagogue of Conservative Judaism; General Synod of the United Church of Christ; The Central Conference of American Rabbis; More than 700 Individual Faith Leaders, et al. submitted.

Amicus brief of Women CEOs and Other C-Suite Executives submitted.

Amicus brief of Altria Group, Inc. submitted.

Amicus brief of National Women's Law Center submitted.

Amicus brief of Philosophy Professors submitted.

Amicus brief of Impact Fund, National Employment Lawyers Association, Employee Rights Advocacy Institute for Law & Policy, AARP, AIDS Legal Referral Panel, American Association for Access, Equity and Diversity, Bet Tzedek, California Rural Legal Assistance Foundation, California Rural Legal Assistance, Inc., Centro de los Derechos del Migrante, Inc., Centro Legal de la Raza, Civil Rights Education and Enforcement Center, Disability Rights Advocates, Disability Rights Education & Defense Fund, East Bay Community Law Center, Legal Aid at Work, National Black Justice Coalition, Oasis Legal Services, Public Justice, SAGE, Shriver Center on Poverty Law, Inc., and Western Center on Law and Poverty submitted.

Amicus brief of 206 Businesses submitted.

Amicus brief of Employment Discrimination Law Scholars submitted.

SET FOR ARGUMENT on Tuesday, October 8, 2019. VIDED

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.

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.”

Petition GRANTED. The petition for writ of certiorari in No. 17-1618 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.

DISTRIBUTED for Conference of 4/18/2019.

DISTRIBUTED for Conference of 4/12/2019.

DISTRIBUTED for Conference of 3/29/2019.

DISTRIBUTED for Conference of 3/22/2019.

DISTRIBUTED for Conference of 3/15/2019.

DISTRIBUTED for Conference of 3/1/2019.

DISTRIBUTED for Conference of 2/22/2019.

DISTRIBUTED for Conference of 2/15/2019.

DISTRIBUTED for Conference of 1/18/2019.

DISTRIBUTED for Conference of 1/11/2019.


DISTRIBUTED for Conference of 12/7/2018.


DISTRIBUTED for Conference of 11/30/2018.


DISTRIBUTED for Conference of 9/24/2018.

Brief of respondents Melissa Zarda, et al. in opposition filed.

Brief amici curiae of Public Advocate of the United States, et al. filed.

Motion to extend the time to file a response is granted and the time is extended to and including August 16, 2018.

Motion to extend the time to file a response from July 2, 2018 to August 16, 2018, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due July 2, 2018)


Altitude Express, Inc., et al., Petitioner, represented by Saul D. Zabell

Melissa Zarda, et al., Respondent, represented by Gregory Antollino

Amici Curiae

206 Businesses, Amicus Curiae, represented by Todd Steven Anten

Advocates for Faith and Freedom, Amicus Curiae, represented by C.Thomas Ludden

Altria Group, Inc., Amicus Curiae, represented by Lauren Rosenblum Goldman

Foundation for Moral Law, Amicus Curiae, represented by John Allen Eidsmoe

Liberty Counsel, Amicus Curiae, represented by Mathew D. Staver

Marriage Law Foundation, Amicus Curiae, represented by William C. Duncan

National Women's Law Center, Amicus Curiae, represented by Erica Courtney Lai

Philosophy Professors, Amicus Curiae, represented by Lisa Hogan

Public Advocate of the United States, et al., Amicus Curiae, represented by William Jeffrey Olson

State of New Hampshire, Amicus Curiae, represented by Laura E. B. Lombardi

W. Burlette Carter, Amicus Curiae, represented by Willieta Burlette Carter

Women CEOs and Other C-Suite Executives, Amicus Curiae, represented by Suzanne Beth Goldberg

Last updated: May 21, 2024