drwex (drwex) wrote,

  • Mood:
  • Music:

SCOTUS gets one right

In a unanimous decision, on a case called Fitzgerald v. Barnstable School Committee, the Court has ruled that students in schools who are sexually harrassed can sue under both Title IX, which specifically bans discrimination in entities like schools that get Federal funds, as well as under Section 1983, a more broad law banning discrimination as a violation of the Constitutions equal-protection clause.

Different laws have different interpretations, case precedents, and rules for who has standing to sue under them. By reversing, and permitting suits under both laws, SCOTUS has given victims of sexual harassment more opportunity to make their case in court. In addition, the laws in question here have different remedies available and including Section 1983 means that individuals may be sued as well as official entities.

Of course "making a case in court" is not a guarantee of a win, but it's a definite step in the right direction.

(Oh, and they refused cert for Mukasey v ACLU, which pretty well means that COPA is dead. Yay for that, too!)
  • Post a new comment


    default userpic

    Your reply will be screened

    Your IP address will be recorded 

    When you submit the form an invisible reCAPTCHA check will be performed.
    You must follow the Privacy Policy and Google Terms of use.