LGBTQ people are anxious about their vulnerability under the coming Donald Trump presidency, due in part to the confusing patchwork of state and federal laws that protect them. Illinois is one of 19 states that explicitly bar discrimination based on both sexual orientation and gender identity, while Wisconsin law protects gays but not trans people, and Indiana—home state of vice president-elect Mike Pence—offers none of the above.
Kim Hively had been teaching at Ivy Tech Community College of Indiana and had been denied promotions and eventually was denied renewal of her contract because she’s a lesbian. And when she made her claim in federal court in Indiana, the judge said, “Well, the Seventh Circuit said that Title VII doesn’t cover [discrimination based on sexual orientation]. You need to talk to the Seventh Circuit if you want to bring this case.”
So with Hively, you’re asking the Seventh Circuit to overturn all the case precedent that would have denied workplace protections to gay people, correct?
How quickly do you expect the Seventh Circuit to make a decision?
Well, first off, our role is as attorneys for Kim Hively, and we just have to assess whether moving forward in asking the Supreme Court to review it is the next move.
Well, I guess the real question is: Are they thoughtful? If they’re thoughtful judges who follow the law, then I wouldn’t be worried about it. If they were ideologues with a record of railing against things from a political standpoint and not from a carefully reasoned judicial standpoint, obviously we would be concerned.
