During the past 15 months, many Americans have celebrated key victories in the battle for equal rights, including the 50th anniversary of the Civil Rights Act of 1964, the 25th anniversary of the Americans with Disabilities Act of 1990 (ADA), and this year’s U.S. Supreme Court same-sex marriage decision, Obergefell v. Hodges. Although we have made significant strides for equality, as President Barack Obama, retired New Jersey Supreme Court Justice Virginia Long and National Center for Lesbian Rights Staff Attorney Asaf Orr have observed, there remains much “unfinished business” to be completed.
One challenge is enacting a federal law barring discrimination against individuals who are not heterosexual only, or who are gender-affirmed (i.e., they have accepted what their true gender is) and/or gender diverse. A second challenge, discussed below, is correcting a heretofore ignored injustice that Congress codified in the ADA. This injustice is the subject of litigation pending in the federal court for the Eastern District of Pennsylvania.
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