BRAIDWOOD MANAGEMENT, INCORPORATED, on behalf of itself and others similarly situated; Bear Creek Bible Church, Plaintiffs-Appellants Cross-Appellees,
v.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION; United States of America; Charlotte A. Burrows; Jocelyn Samuels; Janet Dhillon; Andrea R. Lucas; Keith E. Sonderling, in their official capacities as chair, vice-chair, and commissioners of the Equal Employment Opportunity Commission; Merrick Garland, U.S. Attorney General, Defendants-Appellees Cross-Appellants.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
Ashley Cheung Honold (argued), Charles Wylie Scarborough , Jack Starcher , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Brian Walters Stoltz , U.S. Attorney's Office, Northern District of Texas, Dallas, TX, Benjamin Thomas Takemoto , U.S. Department of Justice, Civil Division, Washington, DC, for Defendants-Appellees Cross-Appellants Equal Employment Opportunity Commission, United States of America, Charlotte A. Burrows, Janet Dhillon.
Adam R. Pulver, Esq. , Public Citizen Litigation Group, Washington, DC, for Arnicus Curiae Public Citizen, Incorporated.
Jane Langdell Robinson , Ahmad Zavitsanos & Mensing, P.L.L.C., Houston, TX, for Amici Curiae Maureen Carroll, Christine Bartholomew, Andrew Bradt, Brooke Coleman, Robin Effron, Myriam Gilles, Robert Klonoff, Suzette Malveaux, David Marcus, Elizabeth Porter, D. Theodore Rave, Elizabeth Schneider, Adam Zimmerman.
Before Smith, Clement, and Wilson, Circuit Judges.
Jerry E. Smith, Circuit Judge:
In Bostock v. Clayton County, ___ U.S. ___, 140 S.Ct. 1731, 1740-41, 1743, 207 L.Ed.2d 218 (2020), the Court determined that Title VII of the Civil Rights Act of 1964 forbids employers from discriminating against homosexuals and transgender persons, holding that such discrimination is "on the basis of sex."...
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