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LINK Transgender victory over Hobby Lobby could have national impact

LGBTQ advocates say the "sweeping" ruling could be used to attack “bathroom bills” and trans sports bans across the country.

An appellate court deciding Hobby Lobby violated Illinois anti-discrimination law by denying a transgender employee access to the women’s restroom could have nationwide implications, experts say.

Meggan Sommerville, a trans woman who has worked at a Hobby Lobby location in Aurora for more than 20 years, has been denied access to the store’s women’s room since transitioning at work in 2010. As a result, she has had anxiety and recurring nightmares and has been forced to limit her fluid intake, according to filings.

On Friday, the Illinois 2nd District Appellate Court upheld a lower court decision that determined the crafts chain violated the Illinois Human Rights Act both as an employer and as a place of public accommodation.

“Sommerville is female, just like the women who are permitted to use the women’s bathroom,” the three-judge panel said in its decision. “The only reason that Sommerville is barred from using the women’s bathroom is that she is a transgender woman.”

The ruling is one of first impression, meaning it presents a legal issue that has never been decided in the court’s jurisdiction.

“They stuck to the law,” Sommerville, 51, told Forbes. “This is a precedent-setting case in Illinois, because the Human Rights Act has never been tested in this way in Illinois, and actually in the country.”

Jim Bennett, director of the ​​Illinois Department of Human Rights, said the decision underscored that trans people in the state “have strong protection from discrimination.”

“Ms. Sommerville’s experience of discrimination is certainly not unique, as too many of our transgender friends and neighbors continue to face acts of discrimination and hate,” Bennett said in a statement. “With this decision, the IDHR has been given a clear path to enforce the Commission’s orders concerning the rights of trans persons.”

Jacob Meister, who represented Sommerville, went further, telling Bloomberg Law the decision had national implications and will “start the process of courts around the country addressing the issue of bathroom access.”

Camilla Taylor, litigation director for the LGBTQ legal advocacy group Lambda Legal, agrees the ruling could have a broad impact in a variety of areas and jurisdictions.

“I think other states will generally be able cite this ruling, because of how sweeping it is,” Taylor said. “This is not limited to employment. This is the public policy of the state of Illinois. The court went out of its way to knock down every justification for treating trans people differently in public. It made it clear there’s no justification.”

While the Supreme Court’s 2020 decision in Bostock v. Clayton County, Georgia, determined discrimination based on sex includes sexual orientation and gender identity, it didn’t address access to sex-segregated facilities, services or sports teams.

HippieChick58 9 Aug 21
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3 comments

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3

I don't have a Hobby Lobby near me and wouldn't shop at it if I did, but I'm surprised at how many people (with lifestyles that the owner of that company might disagree with) shop there. I'm performing a wedding next week for a same sex couple who met at Hobby Lobby while decoration shopping for each of their new homes. So, I guess if it wasn't for Hobby Lobby, this same sex couple might never have met, haha!

Creative people are interested in crafts. I would advise people if the must go to Hobby Lobby they should shoplift or commit armed robbery. Don't get caught.

I had not been in one for years, last month I needed a glue of all things that they apparently only sell there. It was a choice between buying it there, or buying it online, paying for shipping, waiting for delivery, and still knowing that the money ultimately went to hobby lobby... disgruntled grumble

5

This great news..having lived through the harassment for being trans, it relieving to know that We are finally, legally recognized as Women..

If it helps at all, I've never thought of you as anything but. 🙂

@Paul4747 thank you..❤❤❤

@Charlene I must be in a sentimental mood.... your "hearts" reply brought a little bit of tears to my eye 🙂

@Paul4747 didn't mean to bring on tears..

6

Hobby Lobby is the biggest piece of shit company in the world. Makes Chik-fil-A look like a mainstream company and Walmart downright progressive.

I boycotted HL long before it was popular.

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