Winston & Strawn Highlights Recent Court Victories for LGBTQ+ Rights

Chicago – June 2, 2022 – Winston & Strawn LLP kicked off the firm’s recognition of Pride Month with three high-profile legal victories advancing rights and protections for the LGBTQ+ community. Winston & Strawn has a longstanding, active commitment to achieving justice for LGBTQ+ persons, allocating thousands of pro bono hours per year on relevant matters.

Recent decisions include protections against profiling of LGBTQ+ persons by law enforcement, ensuring rights for HIV-positive military service members, and a landmark case allowing gender-affirming surgery for transgender inmates.

“Winston & Strawn is honored to do our part to advocate for the rights of LGBTQ+ individuals,” said firm Chairman Tom Fitzgerald. “Our firm remains dedicated to providing legal advocacy on behalf of this community, and we will remain so until discrimination and bias are eliminated.”

Preventing Illegal Profiling at the Port Authority of New York and New Jersey

Working alongside The Legal Aid Society of New York, Winston attorneys secured an agreement in principle against the Port Authority of New York and New Jersey in a landmark LGBTQ+ profiling case.

The federal lawsuit, filed in 2017 in the United States District Court, asserts that Port Authority officers routinely engaged in policing that illegally targeted men perceived to be members of the LGBTQ+ community. The agreement provides compensatory damages as well as significant changes to the way that Port Authority Police Department officers interact with the LGBTQ+ community.

Under the terms of the agreement, the Port Authority agreed to provide monetary relief to plaintiffs and institute sweeping reforms, including creating an LGBTQ liaison; adopting LGBTQ non-discrimination policies, language, and training; increased oversight for plainclothes patrols; gender neutral signage; and updating the Civilian Complaint form to include broader categories of sexual orientation and gender identity categories.

Landmark Victory for Service Members Living With HIV

Winston attorneys won a significant ruling in federal district court against the U.S. Department of Defense that will permit asymptomatic HIV-positive service members with undetectable viral loads to deploy and commission as officers in the U.S. military. This groundbreaking ruling represents a critical win in the fight to protect the rights of people living with HIV and addresses HIV as a chronic but treatable condition.

Victories for Transgender Individuals in Federal Custody

Winston attorneys secured a landmark victory following a three-year battle with the U.S. Bureau of Prisons (BOP). The decision allows for a transgender woman to soon become the first person in federal custody to receive gender-affirming surgery. In May 2021, she became one of the first federal prisoners to be transferred to a facility matching their gender identity. BOP has now revised its Transgender Offender Manual to recommend that housing decisions be made based on a person’s gender identity rather than their anatomy.

“While society and corporate America have made great strides in recognizing the rights of LGBTQ+ individuals, far too many members of the community still experience prejudice and face discrimination—especially those who identify as transgender or nonbinary,” said Winston Chief Diversity & Inclusion Officer Sylvia James.

Winston & Strawn has a proven track record in securing rights and protections for the LGBTQ+ community through pro bono work. Past matters include:

• LGBTQ+ Workers Gain Protections Against Discrimination For First Time Ever Under Texas State Law
• Winston Secures Long-Awaited Asylum for LGBTQ+ Honduran
• Winston Secures Honorable Discharge and Military Burial for LGBTQ+ Navy Veteran
• Winston Helps Transgender Individuals Receive Identity-Affirming Support Through The Name Change Project

“Winston is dedicated to celebrating diversity and advancing inclusivity and equity,” said Winston Senior Pro Bono Counsel Gregory A. McConnell. “We’re proud to recognize Pride Month by celebrating significant legal victories that address injustice and support the rights of the LGBTQ+ community.”

Winston & Strawn LLP is an international law firm with 16 offices in North America, South America, Asia, and Europe. More information about the firm is available at www.winston.com.