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Maryland Failed To Desegregate Higher Education System, District Court Rules

A U.S. District Court judge ruled recently that the State of Maryland and the Maryland Higher Education Commission failed to desegregate the State’s system of higher education as required by Title VI of the Civil Rights Act and the Equal Protection Clause of the Constitution. The lawsuit, filed...

College Settles Student’s Pregnancy Discrimination Complaint

by Olabisi L. Okubadejo and Daniel V. Johns The National Women’s Law Center (NWLC) announced last month that Logan University in Missouri settled a pregnancy discrimination complaint that the NWLC filed with the U.S. Department of Education’s Office of Civil Rights (OCR) on behalf of...

Governor Beshear Orders Defense Of Kentucky Gay Marriage Ban

BESHEAR ORDERS DEFENSE OF KY GAY MARRIAGE BAN: Kentucky Gov. Steve Beshear (D) said the Bluegrass State would hire a private sector attorney to defend the state's ban on recognizing same-sex marriages performed in other states. Beshear made the announcement last Tuesday shortly after state Attorney...

Disparate Impact to Supreme Court Again?

By Michael W. Skojec, Bryan J. Harrison, Christopher J. Willis, and John L. Culhane, Jr. Yet another Fair Housing Act disparate impact case may find its way to the U.S. Supreme Court. After losing on appeal at the Fifth Circuit in March, the Texas Department of Housing and Community Affairs (Texas...

State Net Capitol Journal Constitutional Rights Updates: US High Court Eliminates 'Golden Week'

Ohio's "Golden Week" — a five-day interval at the beginning of the state's early voting period when eligible residents can both register and cast ballots — fell by the wayside last week, when the U.S. Supreme Court granted a last-minute stay, [ enhanced version available...

7th Cir. Explains What Same-Sex Marriage and Voter ID Have in Common

By Eric G. Pearson What do cases involving challenges to same-sex-marriage and voter ID laws have in common? The answer, according to a per curiam opinion issued last week by a panel of judges from the U.S. Court of Appeals for the Seventh Circuit in Frank v. Walker , Nos. 14-2058 & 14-2059...

Third Time's the Charm? Supreme Court Agrees Again To Hear FHA Disparate Impact Case

By Michael W. Skojec, Sharon Wilson Géno, Bryan J. Harrison, Christopher J. Willis, John L. Culhane, Jr., and Peter N. Cubita The U.S. Supreme Court has agreed for the third time in recent history to decide whether disparate impact claims are cognizable under the Fair Housing Act (FHA)....

Federal District Court Vacates HUD Disparate Impact Rule

In a Fair Housing Act (FHA) case we have been watching for some time, the federal district court in Washington, D.C., recently issued an opinion vacating the U.S. Department of Housing and Urban Development’s (HUD’s) disparate impact rule on the ground that "the FHA prohibits disparate...

Amicus Curiae Oppose Disparate-Impact Liability

Recently, following the U.S. Supreme Court's grant of certiorari , [ enhanced version available to lexis.com subscribers ], more than a dozen organizations, groups, and associations filed separate amicus curiae briefs, [ enhanced version available to lexis.com subscribers ], in support of the notion...

State AGs Take Sides as U.S. Supreme Court Hears Housing Discrimination Case

On January 21, 2015, the U.S. Supreme Court heard argument in Texas Department of Housing and Community Affairs v. Inclusive Communities Project , [ writ of certiorari granted, enhanced version available to lexis.com subscribers ], on the question of whether disparate impact claims for discrimination...

Third Time Is the Charm: U.S. Supreme Court Hears Argument in Disparate Impact Case

The U.S. Supreme Court recently heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. , [ enhanced version available to lexis.com subscribers ]—the case presenting the issue of whether disparate impact claims are cognizable under the...