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WALKER v. AZAR

Case No. 20-CV-2834 (FB) (SMG).

480 F.Supp.3d 417 (2020)

Tanya Asapansa-Johnson WALKER and Cecilia Gentili, Plaintiffs, v. Alex M. AZAR II, in his official capacity as the Secretary of the United States Department of Health and Human Services, and United States Department of Health and Human Services, Defendants.

United States District Court, E.D. New York.

Signed August 17, 2020.

Attorney(s) appearing for the Case

For the Plaintiffs: EDWARD J. JACOBS, KATHRYN M. ZUNNO-FREANEY, MICHAEL A. SABELLA, Baker & Hostetler LLP, 45 Rockefeller Plaza, New York, New York 10110-0100, JOSHUA D. ROVENGER, Baker & Hostetler LLP, 127 Public Square, Suite 2000, Cleveland, Ohio 44114-1214, KATRINA M. QUICKER, RYAN E. HARBIN, Baker & Hostetler LLP, 1170 Peachtree Street, NE, Suite 2400, Atlanta, Georgia 30309-7676.

For the Defendants: WILLIAM K. LANE III, JORDAN L. VON BOKERN, U.S. Department of Justice, Civil Division, 950 Pennsylvania Avenue, NW, Washington, DC 20530.

For Amicus Curiae: DOUGLAS N. LETTER, Office of General Counsel, U.S. House of Representatives, 219 Cannon House Office Building, Washington, DC 20515.

MEMORANDUM AND ORDER

Some two months ago, the Supreme Court held that discrimination based on sex encompassed discrimination based on both sexual orientation and gender identity. See Bostock v. Clayton Cnty., Ga., ___ U.S. ___, 140 S.Ct. 1731, 207 L.Ed.2d 218 (2020). It concluded...

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