Welch v. Brown

Michael Harless Constitutional Law, U. S. Supreme Court

Today, we filed an amicus brief in the Supreme Court in support of a petition for writ of certiorari, asking the Court to review a California ban on mental health providers pro-hetrosexual therapies to minors.  Interestingly, the California law, SB 1172, does not ban pro-homosexual therapies.  We reject the notion that the Free Exercise Clause was written to give special rights to religious people.  We explain that SB 1172 violates the Free Exercise Clause, which operates as a jurisdictional barrier to the power of States, barring California’s encroachment upon matters of opinion outside its civil jurisdiction.  We also demonstrated that the State’s inherent police power does not permit it to conditioning licensing in order to suppress politically correct and morally unpopular medical treatments under the guise of protecting minors. Read More

Gloucester County v GG — Update — SCOTUS asks parties how to proceed after Trump withdraws transgender guidance

Michael Harless Administrative Law

Today,the U.S. Supreme Court Clerk has asked the parties to file by March 1 for letters explaining their views on how the Gloucester County v. GG case should proceed in view of the Trump Administration change of policy.

We filed two briefs in the Gloucester v. GG case:
1. Amicus Brief In the Fourth Circuit — May 10, 2016
2. Amicus Brief In the Supreme Court on the Merits — on January 10, 2017 Read More

Gloucester County School Board v. G.G.

Michael Harless Administrative Law, U. S. Supreme Court

Today, our firm filed an amicus brief in the U.S. Supreme Court in support of a school board whose policy is that students should use the bathroom associated with their fixed biological sex, rather than the one that corresponds to their subjective “gender identity.”

The Obama Administration’s Department of Education had joined the lawsuit in support of a troubled young woman who thinks that she “is” a man, and who demanded to use the boy’s bathroom at her school. Read More

Alabama Chief Justice Roy S. Moore v. Alabama Judicial Inquiry Commission

Michael Harless Alabama Supreme Court, Constitutional Law

The Alabama Court of the Judiciary removed Roy S. Moore, the elected Chief Justice of the State of Alabama, based on spurious grounds related to the U.S. Supreme Court’s Obergefell decision in favor of same sex marriage.  Today, we filed a brief in support of the Chief Justice’s appeal of that decision to the Alabama Supreme Court.

In our 55-page brief, in addition to other issues, our brief takes on the distinctly unconstitutional notion that decisions of the U.S. Supreme Court constitute the Supreme Law of the Land. Read More

USJF Comments opposing Mandatory Pro Bono Reporting

Michael Harless Administrative Law

There is an effort underway by elements in the federal and state judiciary and leftist lawyers and lawyer groups to increase political controls over lawyers — on whom the American people rely on to protect their interests.  Some states are trying to force lawyers to devote free legal services to favored classes of persons.   Historically, this proposal has been a cover for the misuse of law reform, class actions, emboldening the courts to legislate social policy.  And even when it extends legal services to the poor, it frequently does so at the expense of the middle class. Read More

Grimm v. Gloucester County School Board

Michael Harless Constitutional Law, U. S. Court of Appeals, Fourth Circuit

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit, opposing attempts by a girl with feelings of gender “dysphoria” to use Title IX to gain access to the boy’s bathrooms at her school.  Our brief argued that one’s sex is a scientific constant, and determined by the Creator.  Allowing a person’s feelings at any given time to define his gender permits individuals to decide whether and how the law applies to them.  Our brief pointed out that the ruling of the district court below is not limited to bathrooms, but could be applied broadly to grant access to opposite sex locker rooms, housing, athletic teams, and other gender-restricted areas.  Finally, our brief argued that the district court’s ruling sanctions sexual anarchy, and the day is not far away when a white male will “identify” as a black female in order, for example, to gain preferential treatment through reverse-discrimination (i.e., affirmative action) college admission policies.  Our brief was filed on behalf of Public Advocate of the United States, United States Justice Foundation, and Conservative Legal Defense and Education Fund. Read More

Stormans, Inc. v. Wiesman

Michael Harless Constitutional Law, U. S. Supreme Court

With our brief in Stormans, our firm has now made its 100th filing in the U.S. Supreme Court. Today we filed an amicus brief in the U.S. Supreme Court defending a Christian-owned pharmacy from attack by the Washington State Pharmacy Quality Assurance Commission due to that pharmacy’s refusal to stock and sell abortifacient drugs.

Although the Pharmacy Commission is a government agency, its steps were largely directed by Planned Parenthood of the Great Northwest.
Our brief explained why the Pharmacy Commission had no basis for its rule narrowly designed to prevent pharmacies from acting on their moral and religious objections to stocking and dispensing certain types of pharmaceuticals.  Additionally, our brief demonstrated the real-world consequences of government taking sides in each political debate, so as to render unlawful any resistance to the agenda of a Secular Humanist state. Read More

Supreme Court of Mississippi Justice Cites Our Article Attacking Obergefell Decision

Michael Harless Publications

Presiding Justice Jess H. Dickinson issued a Separate Written Statement Objecting to a Court order, in which he cites to and quotes from an article we wrote reacting to the U.S. Supreme Court’s decision in Obergefell.

“And, according to an article co-authored by Herbert W. Titus, who taught constitutional law for more than a quarter of a century and concluded his academic career as the Founding Dean of Regent Law School: Read More

Masterpiece Cakeshop v. Craig & David — Amicus Brief

Michael Harless Colorado Supreme Court, Constitutional Law

Today we filed an a brief in the Colorado Supreme Court urging it to review a decision of the Colorado Court of Appeals which had upheld a decision of the Colorado Civil Rights Commission penalizing the Christian bakery for refusing to bake a cake to be used in the celebration of a same sex marriage.

It is strange indeed that the people of Colorado had adopted in 2006 a constitutional amendment defining marriage as being between one man and one woman, and the state legislature had passed laws implementing that constitutional provision. but now other state laws were being interpreted to force a Christian business to participation in the celebration of that same type of unlawful marriage. Read More

Michael Harless Publications

Biblical Principles of Law by Herbert W. Titus
Herb Titus wrote Biblical Principles of Law, a digital book available fromLawMart.com, which explores the biblical and historical roots of the common law relating to contracts, property, torts and crimes, and compares the biblical/historical view with modern legal trends.
American’s Heritage: Constitutional Liberty by Herbert W. Titus
Herb Titus wrote American’s Heritage: Constitutional Liberty, a digital book available from LawMart.com, which explores the biblical and historical roots of constitutional law in America, and compares the biblical/historical view with modern legal trends.

Bill Olson & Herb Titus Articles on Building the Resistance to Same Sex Marriage (Summer 2015)

Reconsidering the U.S. Supreme Court’s Authority to Mandate Same-Sex Marriage (May 27, 2015)

The Fourteenth Amendment Does Not Mandate Same-Sex Marriage (June 6, 2015)

Same-Sex Marriage: Efforts to Have Justices Ginsburg and Kagan Recuse Take a Troubling Turn (June 19. 2015)

Obergefell v. Hodges: Illegitimate, Unlawful, and a Fraud on the American People (June 27, 2015)

An Open Letter: The Duty of the States to Seek Rehearing of Obergefell (July 17, 2015)

Obergefell: Draft Petition for Rehearing (July 17, 2015)

Refusal to Issue a Same-Sex Marriage License is a Civic Duty (September 4, 2015)

Article: “National Law Journal”/”Supreme Court Brief” Discusing Our Position on Obergefell Recusal

Michael Harless Press Coverage

U.S. Supreme Court Reporter Tony Mauro wrote about our article explaining the impropriety of failing to recuse in the Obergefell organization. The Article was entitled “Motion Urging Recusal in Marriage Cases Surfaces on Supreme Court Docket.”

“The recusal request was posted on the court’s docket last week, according to William Olson and Herbert Titus, lawyers for the U.S. Justice Foundation, which filed a brief against same-sex marriage in a related case. They wrote about the recusal motion on the foundation’s website on June 19. Olson said the justices should recuse in part because, after officiating at same-sex ceremonies, they would be biased to vote in favor of such marriages so as not to tarnish their personal and professional reputations. Read More

AJC: Gay marriage opponents: Supreme Court ruling would “destroy this country”

Michael Harless Press Coverage

The Atlanta Journal Constitution quotes from our article about Building Resistance to Same Sex Marriage which appeared in several publications, including:


http://www.mercatornet.com/conjugality/view/reconsidering-the-u.s.-supreme-courts-authority-to-mandate-same-sex-marriag/16247 Read More

Bill Olson Presents Briefing on Same Sex Marriage Case

Michael Harless Constitutional Law

Today, as the U.S. Supreme Court was concluding oral argument in the four same sex marriage cases, Bill Olson briefed pastors and others on the National Emergency Coalition Conference Call sponsored by S.T.A.N.D. The briefing included discussion of the brief filed in the U.S. Supreme Court by our firm on April 3, 2015.

Link to conference call agenda
Link to Youtube Audio Clip