Same Sex Marriage Benefits

In Hively v. Ivy Tech Cmty. Coll., 2016 U.S. App. LEXIS 13746, **54-56 (7th Cir. July 28, 2016), the Seventh Circuit affirmed the district court’s decision granting defendant’s motion to dismiss the plaintiff’s Title VII sexual orientation claim based on the doctrine of stare decisis – relying on the jurisdiction’s precedent determining that Title VII does not protect against same-sex discrimination.  In doing so, however, the court made clear its reservations, noting the incongruity whereby a same-sex couple can marry legally in the United States on a Saturday and be fired on Monday for having done so.  The court’s conclusion [...]