American Civil Liberties Union

Recently, the ACLU and numerous allied coalition partners wrote to the U.S. Department of Health and Human Services (HHS) to request that HHS issue guidance to make clear that the Patient Protection and Affordable Care Act’s prohibition on sex discrimination applies to discrimination based on gender identity and sex stereotypes.  The fact that someone is transgender or does not conform to stereotypical notions of masculinity and femininity should never be a barrier to accessing health care services.

Less than three months after the Pentagon announced that it was loosening the rules that bar women from being assigned to ground combat units, the Marine Corps followed suit, taking important steps to open up previously restricted opportunities to women. Last week, the Marines announced that women volunteers would be allowed to attend the Infantry Officers Course in Quantico, Va., for the first time, and that enlisted Marine women would also soon gain access to infantry training. This week, Marine Corps General James F. Amos sent a message to all Marines explaining that the Corps would begin assigning women to a number of positions from which they had previously been restricted, including in artillery, tank, assault amphibian, and other staffs, for purposes of "research" on integrating women into the force. He also announced that the Marines will conduct quantitative research on how men and women Marines perform in tests such as marching with a heavy load and lifting a heavy machine gun.

This week, the Supreme Court ruled, by the all-too-familiar 5-4 margin, that a provision of the Family and Medical Leave Act (FMLA) giving workers time off to care for their own serious health conditions — including pregnancy and childbirth — can't be enforced by state employees in damages lawsuits against their public employers. The decision in Coleman v. Court of Appeals of Maryland effectively stripped many public employees — the majority of whom are women — of the right to job protection when they need to take time off while pregnant. The ACLU had joined an amicus brief arguing that the law was written in a gender-neutral way to provide women workers with the time they needed to go through childbirth and pregnancy-related complications, while ensuring that employers wouldn't discriminate based on the assumption that only women will need to take health-related leave from their jobs. While no opinion garnered five votes, a majority of the Court agreed that the law was not justified as a remedy for a pattern of unconstitutional discrimination against women or pregnant workers.

This week, as part of Women’s History Month, we'll be blogging about Title IX. This series will highlight some of the core areas of educational equality that this landmark statute covers.