Law360 reported this morning that the U.S. Court of Appeals for the Eleventh Circuit refused to rehear the case of Evans v. Georgia Regional Hospital, in which two out of three judges on a panel of the court decided that Title VII did not prohibit discrimination based on sexual orientation. Here is a copy of the Court's order denying the rehearing.

According to the Law360 article, Lambda Legal intends to seek review from the U.S. Supreme Court. As I think most of our readers know, the Supreme Court does not have to review the decision, but it might, because of the importance of the legal issue and a split in the circuits. (The Seventh Circuit decided in April that Title VII does prohibit sexual orientation discrimination. The Second Circuit will be making that decision in another pending case.)

Should be interesting, and we'll continue to follow!