Decided

No. 18-107

R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission, et al.

from the United States Court of Appeals for the Sixth Circuit

See other cases from the Sixth Circuit.

Docket Entries

JUDGMENT ISSUED.

Adjudged to be AFFIRMED. 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 together with Nos. 17-1618 & 17-1623). VIDED.

Motion to substitute Donna Stephens, as Trustee of the Aimee A. and Donna Stephens Trust, as a respondent in place of Aimee Stephens, Deceased GRANTED.

Motion DISTRIBUTED for Conference of 5/21/2020.

Motion to substitute Donna Stephens, as Trustee of the Aimee A. and Donna Stephens Trust, as a respondent in place of Aimee Stephens, Deceased. (Distributed)

Motion of State of New Hampshire for leave to file amicus brief not accepted for filing. (February 14, 2020 - motion withdrawn)

Argued. For respondent Aimee Stephens: David D. Cole, New York, N. Y. For petitioner: John J. Bursch, Washington, D. C. For respondent Equal Employment Opportunity Commission in support of reversal: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C.

Motion for divided argument filed by respondent GRANTED.

Reply of respondent Aimee Stephens filed. (Distributed)

Brief amici curiae of Council of Christian Colleges & Universities, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)

Brief amicus curiae of Public Advocate of the United Staes, et al. filed. (Distributed)

Brief amici curiae of Business Organizations filed (also in 17-1618 & 17-1623). VIDED. (Distributed)

Brief amici curiae of States of Tennessee, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)

Brief amici curiae of Religious Freedom Institute's Islam & Religious Freedom Action Team, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)

Brief amici curiae of Members of Congress filed (also in 17-1618 & 17-1623). VIDED. (Distributed)

Brief amicus curiae of Military Spouses United filed. (Distributed)

Brief amicus curiae of Judicial Watch, Inc. filed. (Distributed)

Brief amicus curiae of Christian Employers Alliance filed. (Distributed)

Brief amici curiae of Family Policy Groups filed. (Distributed)

Brief amicus curiae of Liberty Counsel filed. (Distributed)

Brief amicus curiae of William J. Bennett filed. (Distributed)

Brief amicus curiae of Center for Religious Expression filed. (Distributed)

Brief amici curiae of Women Business Owners and CEOs filed. (Distributed)

Brief amici curiae of Walt Heyer, et al. filed. (Distributed)

Brief amici curiae of Scholars of Family and Sexuality filed. (Distributed)

Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. (Distributed)

Brief amici curiae of Billy Graham Evangelistic Association, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)

Brief amicus curiae of American Public Philosophy Institute filed (also in 17-1618 & 17-1623). VIDED. (Distributed)

Brief amici curiae of Independent Women's Forum, et al. filed. (Distributed)

Brief amici curiae of Scholars of Philosophy, Theology, Law, Politics, History, Literature, and the Sciences filed. (Distributed)

Brief amicus curiae of Free Speech Advocates filed. (Distributed)

Brief amici curiae of Institute for Faith and Family and Christian Family Coalition filed (also in 17-1618 & 17-1623). VIDED. (Distributed)

Brief amicus curiae of Dr. Paul R. McHugh, M.D., Professor of Psychiatry filed. (Distributed)

Brief amicus curiae of New Civil Liberties Alliance filed (also in 17-1618 & 17-1623). VIDED. (Distributed)

Brief amici curiae of National Organization for Marriage and Center for Constitutional Jurisprudence filed (also in 17-1618 & 17-1623). VIDED. (Distributed)

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

Motion for divided argument filed by the Solicitor General.

Brief amici curiae of National Association of Evangelicals, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)

Brief amici curiae of National Medical and Policy Groups That Study Sex and Gender Identity filed. (Distributed)

Brief amicus curiae of Advocates for Faith and Freedom filed (also in 17-1618 & 17-1623). VIDED. (Distributed)

Brief amicus curiae of Ryan T. Anderson filed (also in 17-1623). VIDED. (Distributed)

Brief amicus curiae of David A. Robinson filed (also in 17-1618 & 17-1623). VIDED. (Distributed)

Brief amici curiae of Defend My Privacy, et al. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)

Brief amicus curiae of Great Lakes Justice Center filed. (Distributed)

Brief amicus curiae of Center for Arizona Policy filed. (Distributed)

Brief amicus curiae of The H.T. Hackney Co. filed (also in 17-1618 & 17-1623). VIDED. (Distributed)

Brief amicus curiae of First Liberty Institute filed (also in 17-1618 & 17-1623). VIDED. (Distributed)

Brief amicus curiae of Women's Liberation Front filed. (Distributed)

Brief of respondent Equal Employment Opportunity Commission filed. (Distributed)

Brief of petitioner R.G. & G.R. Harris Funeral Homes, Inc. filed. (Distributed)

Record requested from the U.S.C.A. 6th Circuit.

Record received from the U.S.C.A. 6th Circuit is electronic.

Brief amicus curiae of Foundation for Moral Law filed. (Distributed)

CIRCULATED

Brief amicus curiae of Georgia Equality filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Anti-sexual Assault, Domestic Violence, and Gender-based Violence Organizations filed.

Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, the Leadership Conference on Civil and Human Rights, and 57 Civil Rights Organizations filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Service Employees International Union, et al. (also in 17-1618 & 17-1623) filed. VIDED.

Brief amici curiae of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Members of the Legal Profession filed (also in 17-1618 & 17-1623). VIDED.

Amicus brief of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Members of the Legal Profession not accepted for filing. (Duplicate submission)

Brief amici curiae of Impact Fund, et al. filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Wisconsin Advocacy Organizations filed (also in 17-1618 & 17-1623). VIDED.

Brief amicus curiae of National Women's Law Center filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of American Psychological Association, et al. filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Walter Dellinger, et al. filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Wisconsin Advcocacy Organizations filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Transgender Law Center, Center for Constitutional Rights, and 44 Other Non-Profit and Grassroots Organizations filed.

Brief amici curiae of GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, et al. filed (July 10, 2019); (also in 17-1618 & 17-1623). VIDED.

Amicus brief of GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, et al. not accepted for filing. (Corrected version submitted).

Brief amici curiae of Women CEOs and Other C-Suite Executives filed (also in 17-1618 & 17-1623). VIDED.

Brief amicus curiae of Lambda Legal Defense and Education Fund, Inc. filed.

Brief amici curiae of Members of Congress filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Corpus-Linguistics Scholars Professors Brian Slocum, et al. filed (also in 17-1618 & 17-1623). VIDED

Brief amici curiae of Former Executive Branch Officials and Leaders, et al. filed (alos in 17-1618 & 17-1623). VIDED.

Brief amici curiae of The Presiding Bishop and President of the House of Deputies of the Episcopal Church, et al. filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Kenneth B. Mehlman, et al. filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of National LGBT Bar Association, et al. filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Local Governments and Mayors filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Law & History Professors filed.

Brief amici curiae of The American Medical Association, et al. filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Muslim Bar Association of New York, et al. filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of The Trevor Project, PFLAG, and Family Equality filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Business Organizations filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of InterACT: Advocates for Intersex Youth, et al. filed (also in 17-1618 & 17-1623). VIDED.

Joinder Letter from Counsel for Intel Corporation of Intel Corporation not accepted for filing. (July 05, 2019)

Brief amicus curiae of American Bar Association filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of National Education Association, et al. filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Historians filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Anti-Discrimination Scholars filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Philosophy Professors filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of States of Illinois, New York, et al. filed (also 17-1618 & 17-1623). VIDED.

Brief amici curiae of Modern Military Association of America and Transgender American Veterans Association filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of 206 Businesses filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of The Southern Poverty Law Center, et al. filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Statutory Interpretation and Equality Law Scholars filed (also in 17-1618 & 17-1623). VIDED.

Brief amicus curiae of Legal Aid Society filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Brief of Scholars Who Study the Transgender Population filed.

Brief amici curiae of Professors Samuel R. Bagenstos, Michael C. Dorf, Martin S. Lederman, Leah M. Litman, and Margo Schlanger filed.

Brief amici curiae of William N. Eskridge Jr. and Andrew M. Koppelman filed (also in 17-1618 & 17-1623). VIDED.

Brief amicus curiae of Altria Group, Inc. filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Employment Discrimination Law Scholars filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of The Women’s and Children’s Advocacy Project, Equal Means Equal, and Allies Reaching for Equality filed (also in 17-1618 & 17-1623). VIDED.

Brief amici curiae of Transgender Legal Defense & Education Fund and 33 Organizations Serving Transgender Individuals filed.

SET FOR ARGUMENT on Tuesday, October 8, 2019.

Brief of respondent Aimee Stephens filed.

Joint appendix filed. (Statement of costs filed)

Letter from counsel for respondent Aimee Stephens, petitioner in 17-1618, and respondents in 17-1623, regarding requests for consent to file amicus curiae briefs filed. VIDED

Blanket Consent filed by Respondent, Equal Employment Opportunity Commission

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.

Blanket Consent filed by Petitioner, R.G. & G.R. Harris Funeral Homes, Inc.

Briefing proposal from the parties in Nos. 17-1618, 17-1623, and 18-107 filed. VIDED.

Petition GRANTED limited to the following question: Whether Title VII prohibits discrimination against transgender people based on (1) their status as transgender or (2) sex stereotyping under Price Waterhouse v. Hopkins, 490 U. S. 228 (1989).

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 2/15/2019.

DISTRIBUTED for Conference of 1/18/2019.

DISTRIBUTED for Conference of 1/11/2019.

DISTRIBUTED for Conference of 1/4/2019.

DISTRIBUTED for Conference of 12/7/2018.

Rescheduled.

Rescheduled.

DISTRIBUTED for Conference of 11/30/2018.

Reply of petitioner R.G. & G.R. Harris Funeral Homes, Inc. filed.

Brief of respondent Aimee Stephens in opposition filed.

Brief of Federal Respondent in opposition filed.

The motions to extend the time to file responses are granted and the time is further extended to and including October 24, 2018, for all respondents.

Motion to extend the time to file a response from September 24, 2018 to October 24, 2018, submitted to The Clerk.

Letter of September 13, 2018 from counsel for petitioner filed.

Brief amicus curiae of Foundation for Moral Law filed.

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

Brief amicus curiae of Jewish Coalition for Religious Liberty filed.

Brief amici curiae of States of Nebraska, et al. filed.

Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2018, for all respondents.

Blanket Consent filed by Petitioner, R.G. & G.R. Harris Funeral Homes, Inc.

Motion to extend the time to file a response from August 23, 2018 to September 24, 2018, submitted to The Clerk.

Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2018.

Motion to extend the time to file a response from August 23, 2018 to September 24, 2018, submitted to The Clerk.

Application (17A1267) granted by Justice Kagan extending the time to file until August 3, 2018.

Application (17A1267) to extend the time to file a petition for a writ of certiorari from June 5, 2018 to August 3, 2018, submitted to Justice Kagan.

Parties

R.G. & G.R. Harris Funeral Homes, Inc., Petitioner, represented by John J. Bursch

R.G. & G.R. Harris Funeral Homes, Inc., Petitioner, represented by James A. Campbell

Aimee Stephens, Respondent, represented by David D. Cole

Equal Employment Opportunity Commission, Respondent, represented by Noel John Francisco

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

American Bar Association, Amicus Curiae, represented by Robert M. Carlson

American Federation of Labor and Congress of Industrial Organizations, Amicus Curiae, represented by Matthew James Ginsburg

American Psychological Association, et al., Amicus Curiae, represented by Jessica Ring Amunson

American Public Philosophy Institute, Amicus Curiae, represented by David Robert Upham

Anti-Discrimination Scholars, Amicus Curiae, represented by Mitchell Pearsall Reich

Anti-sexual Assault, Domestic Violence, and Gender-based Violence Organizations, Amicus Curiae, represented by Walter Dellinger

Billy Graham Evangelistic Association, et al., Amicus Curiae, represented by Frederick W. Claybrook Jr.

Brief of Scholars Who Study the Transgender Population, Amicus Curiae, represented by David Ryan Carpenter

Business Organizations, Amicus Curiae, represented by Lisa Schiavo Blatt

Center for Arizona Policy, Amicus Curiae, represented by Aaron Thomas Martin

Center for Religious Expression, Amicus Curiae, represented by Nathan W. Kellum

Christian Employers Alliance, Amicus Curiae, represented by Thomas William Parker Douglas

Corpus-Linguistics Scholars Professors Brian Slocum, et al., Amicus Curiae, represented by Andrew Rhys Davies

Council of Christian Colleges & Universities, et al., Amicus Curiae, represented by Richard Shawn Gunnarson

David A. Robinson, Amicus Curiae, represented by David Alan Robinson

Defend My Privacy, et al., Amicus Curiae, represented by Joel Aaron Ready

Dr. Paul R. McHugh, M.D., Amicus Curiae, represented by Randall L. Wenger

Employment Discrimination Law Scholars, Amicus Curiae, represented by Sasha Minh Samberg-Champion

Family Policy Groups, Amicus Curiae, represented by Jonathan Radford Whitehead

First Liberty Institute, Amicus Curiae, represented by Kelly J. Shackelford

Former Executive Branch Officials and Leaders, et al., Amicus Curiae, represented by Evan Wolfson

Foundation for Moral Law, Amicus Curiae, represented by Matthew James Clark

Free Speech Advocates, Amicus Curiae, represented by Thomas Patrick Monaghan

Georgia Equality, Amicus Curiae, represented by Emmet J Bondurant II

GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, et al., Amicus Curiae, represented by Alan Evan Schoenfeld

Great Lakes Justice Center, Amicus Curiae, represented by William Wagner

Historians, Amicus Curiae, represented by Chanakya Arjun Sethi

Impact Fund, et al., Amicus Curiae, represented by Lindsay Polastri Nako

Independent Women's Forum, et al., Amicus Curiae, represented by Anita Yvonne Milanovich

Institute for Faith and Family and Christian Family Coalition, Amicus Curiae, represented by Deborah Dewart

Intel Corporation, Amicus Curiae, represented by Dan L. Bagatell

Interact: Advocates for Intersex Youth, et al., Amicus Curiae, represented by Jonah Moses Knobler

Jewish Coalition for Religious Liberty, Amicus Curiae, represented by Thomas William Parker Douglas

Judicial Watch, Inc., Amicus Curiae, represented by Robert D. Popper

Kenneth B. Mehlman, et al., Amicus Curiae, represented by Roy T. Englert Jr.

Lambda Legal Defense and Education Fund, Inc., Amicus Curiae, represented by Karen Lee Loewy

Law & History Professors, Amicus Curiae, represented by Craig Joseph Konnoth

Lawyers' Committee for Civil Rights Under Law, the Leadership Conference on Civil and Human Rights, and 57 Civil Rights Organizations, Amicus Curiae, represented by Daniel Adam Rubens

Legal Aid Society, Amicus Curiae, represented by Brian Timothy Burgess

Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Members of the Legal Profession, Amicus Curiae, represented by Margaret A. Costello

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

Local Governments and Mayors, Amicus Curiae, represented by Danielle Luce Goldstein

Members of Congress, Amicus Curiae, represented by Peter T. Barbur

Military Spouses United, Amicus Curiae, represented by Arthur A. Schulcz Sr.

Modern Military Association of America and Transgender American Veterans Association, Amicus Curiae, represented by James Leon Moore III

Muslim Bar Association of New York, et al., Amicus Curiae, represented by Adeel Abdullah Mangi

National Association of Evangelicals, et al., Amicus Curiae, represented by Alexander Dushku

National Education Association, et al., Amicus Curiae, represented by Jeffrey Alan Lamken

National LGBT Bar Association, et al., Amicus Curiae, represented by Sanford Jay Rosen

National Medical and Policy Groups That Study Sex and Gender Identity, Amicus Curiae, represented by Antony B. Kolenc

National Organization for Marriage and Center for Constitutional Jurisprudence, Amicus Curiae, represented by John C. Eastman

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

New Civil Liberties Alliance, Amicus Curiae, represented by Jonathan F. Mitchell

Philosophy Professors, Amicus Curiae, represented by Lisa Hogan

Professors Samuel R. Bagenstos, Michael C. Dorf, Martin S. Lederman, Leah M. Litman, and Margo Schlanger, Amicus Curiae, represented by Daniel Hirotsu Woofter

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

Religious Freedom Institute's Islam & Religious Freedom Action Team, et al., Amicus Curiae, represented by Michael K. Whitehead

Ryan T. Anderson, Amicus Curiae, represented by Charles S. LiMandri

Scholars of Family and Sexuality, Amicus Curiae, represented by Dean Robert Broyles

Scholars of Philosophy, Theology, Law, Politics, History, Literature, and the Sciences, Amicus Curiae, represented by David R. Langdon

Service Employees International Union, et al., Amicus Curiae, represented by Barbara Jane Chisholm

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

States of Illinois, New York, et al., Amicus Curiae, represented by Barbara Dale Underwood

States of Nebraska, et al., Amicus Curiae, represented by David T. Bydalek

States of Tennessee, et al., Amicus Curiae, represented by Andree Kahn Blumstein

Statutory Interpretation and Equality Law Scholars, Amicus Curiae, represented by Brianne Jenna Gorod

The American Medical Association, et al., Amicus Curiae, represented by Scott Block Wilkens

The H.T. Hackney Co., Amicus Curiae, represented by Edward Howard Trent

The Presiding Bishop and President of the House of Deputies of the Episcopal Church, et al., Amicus Curiae, represented by Jeffrey S. Trachtman

The Southern Poverty Law Center, et al., Amicus Curiae, represented by Melissa Arbus Sherry

The Trevor Project, PFLAG, and Family Equality, Amicus Curiae, represented by Douglas Charles Dreier

The Women’s and Children’s Advocacy Project, Equal Means Equal, and Allies Reaching for Equality, Amicus Curiae, represented by Wendy J. Murphy

Transgender Law Center, Center for Constitutional Rights, and 44 Other Non-Profit and Grassroots Organizations, Amicus Curiae, represented by Julia Renee Lissner

Transgender Legal Defense & Education Fund and 33 Organizations Serving Transgender Individuals, Amicus Curiae, represented by Howard Scott Zelbo

United States Conference of Catholic Bishops, et al., Amicus Curiae, represented by Anthony Richard Picarello Jr.

Walter Dellinger, et al., Amicus Curiae, represented by Joshua Adam Matz

Walt Heyer, et al., Amicus Curiae, represented by Gregory H. Teufel

William J. Bennett, Amicus Curiae, represented by Charles Justin Cooper

William N. Eskridge Jr. and Andrew M. Koppelman, Amicus Curiae, represented by William N. Eskridge Jr.

Wisconsin Advocacy Organizations, Amicus Curiae, represented by Jeffrey Allen McIntyre

Women Business Owners and CEOs, Amicus Curiae, represented by Thomas L. Brejcha Jr.

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

Women's Liberation Front, Amicus Curiae, represented by David Gabriel Bookbinder

 
Last updated: November 21, 2024