Law Commons^™

Split Over Sex: Federal Circuits And Executive Agencies Split Over Sexual Orientation Discrimination Under Title Vii, Darria Turner

Catholic University Law Review

Title VII of the Civil Rights Act of 1964 expressly prohibits employment discrimination on the basis of an individual’s sex. Since its enactment, neither Congress nor the Supreme Court has definitively stated whether sex discrimination based on sexual orientation is protected under Title VII. Though the judicial interpretation of sex has evolved, courts have routinely held that the protections of Title VII do not extend to claims based on sexual orientation discrimination. As three circuits faced these claims, a split was created in the circuits as well as in the two agencies tasked with the enforcement of Title VII. This …

Aba Model Rule 8.4(G) In The States, Josh Blackman

Catholic University Law Review

This essay will provide a brief overview of how the states have responded to

ABA Model Rule 8.4(g). Part I reviews opinions from four state attorneys

general who concluded that the rule is unconstitutional: Texas, South Carolina,

Louisiana, and Tennessee. Part II discusses the states that considered the rule

with modifications. Part III reviews the states that considered Rule 8.4(g) as

drafted. So far, only one state adopted the rule: Vermont. However, the process

is still not over, and other states are currently considering the rule.