Missouri Supreme Court Reviewing LGBT Rights Cases

ST. LOUIS, MO — The Missouri Supreme Court will hear two cases on LGBT rights, the American Civil Liberties Union, said Tuesday. The ACLU filed friend-of-the-court briefs in both cases.

The first case, Lampley v. Missouri Commission on Human Rights, involves an employee sex-discrimination claim against the State of Missouri — Harold Lampley said he faced harassment for not conforming with his employer's stereotypes of masculinity. The Missouri Commission on Human Rights refused to investigate the allegations since state law does not prohibit discrimination based on sexual orientation. A trial court sided with the state. However, an appellate court found that Lampley's claim was based on sex, not sexual orientation, and the claim could go forward. It is now headed to Missouri's highest court.

A second case, R.M.A. (Appleberry) v. Blue Springs, involves a transgender child's complaint against his school, saying he was denied public accommodation in locker rooms and restrooms. The child identifies as a boy. In a 2-1 decision, a court of appeals affirmed a lower court decision dismissing the case on grounds that the Missouri Human Rights Act does not protect gender identity. The Missouri Supreme Court will now weigh in.

ACLU of Missouri legal director Tony Rothert said he was pleased that the Missouri Supreme Court has decided to hear the cases.

"The core dignity of LGBT people across Missouri must be respected and protected by lawmakers and others who wield power over their lives," he said. "All Missourians deserve the right to employment free from discrimination based on sex stereotypes, whether they are gay, straight or transgender. Prohibiting employment discrimination on the basis of an employee’s failure to conform to sex-based stereotypes brings Missouri in line with federal employment law and the legal protections offered in most states."

He continued, discussing the second case: "Every student in Missouri deserves a fair chance to succeed in school and prepare for their future. Students deserve the right to an education free from fear for their safety or health. The rights of trans people can no longer be ignored."

Rothert said the ACLU will continue to defend the rights of all Missourians.

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