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, and even mandating use of politically correct pronouns. Our brief argued that the guidance documents were not supported by the Supreme Court’s Bostock decision as the administration claimed, but instead were designed to undermine the morality of our nation and promote the religion of secular humanism. We review the history of cases giving special rights to LGBT persons, which are often based on inadequate or inaccurate record. Our brief also explained how the guidance documents promote activities that harm all students, but particularly disadvantage female students that Title IX was intended to protect.

Link to brief