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Why Michael Sam Better Be Drafted
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 By Gregory R. Nevins
Counsel and Workplace Fairness Program Strategist
As the exciting news broke about college football star Michael Sam coming out in advance of the NFL Draft, a lot of attention turned to how his announcement might affect his draft position. I say “might” somewhat optimistically, because a Sports Illustrated report said that all eight team representatives who spoke with them said that Sam’s bravery would cost him draft position. In another report, one general manager flatly predicted that Sam — a projected third or fourth round pick before Sunday’s announcement — would see all seven rounds conclude and not even become “Mr. Irrelevant,” the traditional tag applied to the 224th and final player drafted.
Michael Sam is a highly qualified gay man looking for a job. If the most pessimistic of the predictions comes true, Sam would be the victim of employment discrimination. How different would his position be from other gay or lesbian job seekers in Missouri or his home state of Texas, two of the 29 states without statutes prohibiting sexual orientation employment discrimination?
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Featured Briefs and Decisions
Sevcik v. Sandoval
Lambda Legal’s federal lawsuit seeking the freedom to marry in Nevada. Gov. Brian Sandoval sought leave to withdraw his brief to the U.S. Ninth Circuit Court of Appeals defending the state’s marriage ban. The Court granted that request, as well as Lambda Legal’s motion for an expedited hearing.
Sebelius v. Hobby Lobby and Sebelius v. Conestoga Wood Specialties
Lambda Legal’s amicus brief urging the U.S. Supreme Court to reject efforts by for-profit companies to block employee health insurance coverage for contraception as required by the Affordable Care Act. The companies’ owners claim birth control violates their religious beliefs.
Harris v. Rainey
A federal district court in Virginia certified as a class action a lawsuit challenging that state’s ban on marriage for same-sex couples. The case was filed on behalf of two couples by Lambda Legal, the ACLU, the ACLU of Virginia, and the law firm Jenner and Block.
McGee v. Cole
Motion for summary judgment in Lambda Legal’s federal lawsuit seeking the freedom to marry in West Virginia. The Court rejected the opposition’s motion to dismiss and allowed the case to proceed.
SmithKline Beecham v. Abbott
Ruling by the Ninth Circuit Court of Appeals holding that sexual orientation discrimination by the government must receive heightened judicial scrutiny. Lambda Legal filed an amicus brief in the case.
Freeman v. Parker
Lambda Legal’s federal lawsuit against the Mayor and the City of Houston, seeking to preserve spousal benefits for the same-sex spouses of city employees.
Lee v. Orr
Lambda Legal and the ACLU of Illinois’ federal class action lawsuit seeking immediate issuance of marriage license applications for all same-sex couples in Illinois.
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