Brandt v. Griffin — Amicus Brief

Jeremiah Morgan Constitutional Law, U. S. Court of Appeals, Eighth Circuit

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Eighth Circuit in defense of Arkansas’s law protecting minors from life-altering “gender transition” procedures. Our brief revealed serious shortcomings in the district court’s findings of fact, upon which the injunction was based. Our brief also explained how the district court relied on the opinions Read More

Comments to Department of Education — Nondiscrimination on the Basis of Sex in Athletics Rulemaking

Jeremiah Morgan Administrative Law, Statutory Construction

Today, we filed comments on behalf of America’s Future, Public Advocate of the United States, and Conservative Legal Defense and Education Fund in response to a Department of Education notice of proposed rulemaking on “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Read More

B.P.J. v. West Virginia State Board of Education — Amicus Brief

Jeremiah Morgan 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 in defense of West Virginia’s law which seeks to preserve girls’ sports for girls. The ACLU brief filed for the boy challenging that law begins “B.P.J. is a twelve-year-old girl.” It then admits B.P.J. was identified at birth as a male, and has been diagnosed with “gender dysphoria.” Read More

Tingley v. Ferguson — Amicus Supporting Petition for Certiorari

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of a challenge against Washington State’s ban on licensed counselors from providing biblical counsel on sexual morality to young people. Our brief argued that the state’s censorship law violates the First Amendment’s free speech clause and the free exercise of religion clause. We explained how the Washington Legislature, district Read More

Soule v. Connecticut Association of Schools — Amicus Brief

Jeremiah Morgan U. S. Court of Appeals, Second Circuit

Today, we worked with Connecticut counsel Joseph Secola to file an amicus brief before the en banc Second Circuit to support a challenge to a Connecticut rule requiring state schools to allow boys/biological males to compete against girls/biological females. The amicus brief explained how the female plaintiffs were disadvantaged by allowing biological males to compete against them. It discussed Read More

Tennessee v. Department of Education — Amicus Brief

Jeremiah Morgan Administrative Law, Statutory Construction, U. S. Court of Appeals, Sixth Circuit

Today, our firm filed an amicus brief in support of a challenge brought by Tennessee and several other states against the Biden Administration’s guidance documents dictating how government funded schools must treat homosexuals and transgender students issued by the Department of Education. These rules are far reaching, including boys showering with girls and competing in girls’ sports, Read More

Comments to Department of Education — Title IX Rulemaking

Jeremiah Morgan Administrative Law, Statutory Construction

Today, we filed comments on behalf of America’s Future in response to a Department of Education notice of proposed rulemaking on “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance.” Our comments oppose the regulatory redefinition of “sex” as used by Title IX of the Educational Amendments of 1972.

Link Read More

Gloucester County School Board v. Gavin Grimm

admin Administrative Law, U. S. Supreme Court

Today we filed our fourth amicus brief in the Gloucester County School Board case, which now has been been in litigation for over five years. This case involves a high school girl who claimed that her high school violated Title IX by not allowing her to use the boys’ bathroom because she “identifies” as a boy. By a vote of 2-1, the Fourth Circuit panel found a violation. Our brief urges the U.S. Supreme Court to review that decision, explains why the School Board made the right choice, and shows why Title IX and the Equal Protection Clause were not violated.

Link to brief

Harris Funeral Homes v. EEOC

admin Statutory Construction, U. S. Supreme Court

Today we filed an amicus brief in the U.S. Supreme Court urging the court to grant a petition for certiorari to the U.S. Court of Appeals for the Sixth Circuit to review its decision giving a meaning to Title VII that Congress never intended.  The Sixth Circuit decided to change a 50-year old understanding of Title VII to accommodate to the demands of LGBTQ activists, by barring employment discrimination Read More

Kenosha School District v. Whitaker

admin Statutory Construction, U. S. Supreme Court

In our brief, we challenged the opinion of the U.S. Court of Appeals for the Seventh Circuit, which had concluded that there was no privacy interests of other students implicated by members of the opposite sex using their restrooms.  This, we argued, rejected out of hand the long standing and universal practice of restroom separation by sex, based on nothing more than the judges’ own policy preferences.  Read More

EEOC v. Harris Funeral Home

admin Constitutional Law, Statutory Construction, U. S. Court of Appeals, Sixth Circuit

Today we filed a brief in the Sixth Circuit supporting a Christian Funeral Home in a suit by the EEOC on behalf of a man employed by that funeral home who would like to dress in women’s clothing for one year as he “transitions.”   The EEOC made the naked assertion that the claim for this employee was supported by the text of Title VII of the Civil Rights Act of 1964, but failed Read More

G.G. v. Gloucester County School Board

admin Statutory Construction, U. S. Court of Appeals, Fourth Circuit

Today we filed our third amicus brief defending the Gloucester County School Board against an ACLU challenge on behalf of a girl who would like to be a boy.  The prior litigation involved the Obama Administration’s directives to the School Board to open the boys room and boys locker and shower facilities to Gavin Grimm.  However, President Trump rescinded those guidance letters.  Therefore, Read More

Gloucester County School Board v. G.G.

admin 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 Read More

Grimm v. Gloucester County School Board

admin 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 Read More