Supreme Court Term 2023-2024

Following a request from the Office of the Attorney General of Texas for records and documents related to its advocacy on behalf of families with transgender youth, PFLAG National sued to block the request in February 2024. Represented by the American Civil Liberties Union and other LGBTQ legal organizations, PFLAG is also a plaintiff in two lawsuits in Texas relating to gender-affirming care for minors.

In December 2020, Ohio Governor Mike DeWine signed into law Senate Bill 27, a fetal tissue disposal requirement that mandates burial or cremation of all embryonic and fetal tissue from a procedural abortion, imposing severe burdens on patients and stigmatizing essential care. On January 31, 2022, an Ohio judge preliminarily enjoined the law, finding that the law likely violates the Ohio state constitution’s guarantees of due process and equal protection. The victory follows a previous April 5, 2021 preliminary injunction halting enforcement of the law, because compliance would have been impossible due to the Ohio Department of Health’s (ODH) failure to establish necessary rules and regulations. The law is currently blocked from taking effect. In April 2024, Plaintiffs filed a Second Amended Complaint challenging the law under the Right to Reproductive Freedom Amendment of the Ohio Constitution. Litigation continues in the Hamilton County Court of Common Pleas. This lawsuit was filed by the American Civil Liberties Union, ACLU of Ohio, Planned Parenthood Federation of America, and Fanon Rucker of the Cochran Law Firm on behalf of Ohio abortion providers.

On April 11, 2024, the ACLU, ACLU of Southern California, ACLU of Northern California, and ACLU of San Diego & Imperial Counties filed an amicus brief with the California Court of Appeal, Fifth Appellate District supporting the California Civil Rights Department’s appeal of a lower court judgment finding that a bakery owner did not violate the California public accommodations law when she refused to sell a wedding cake to a same-sex couple.

ACLU v. NSA seeks to compel the government to disclose recent court opinions concerning spying conducted under Section 702 of the Foreign Intelligence Surveillance Act — one of the most sweeping surveillance authorities ever enacted by Congress. Public access to these records is essential for an informed debate as Congress considers whether to reform or reauthorize this surveillance law ahead of its sunset in December 2023.