West Virginia v. B.P.J. — Amicus Brief Supporting Petition for Certiorari

ddavies Constitutional Law, U. S. Supreme Court

Our amicus brief supports a petition for certiorari filed by the State of West Virginia, to protect its law protecting girls in girls’ sports from unfair and potentially dangerous competition from biological males.  Men have an unfair physical advantage over girls for many reasons, and allowing them to compete against girls deprives girls of the ability to develop their own abilities and be recognized for their achievements.  The Fourth Circuit, over a strong and thoughtful dissent, sacrificed girls’ sports on the altar of transgenderism.  The division in sports between girls  and boys has been well established and is unquestionably legal and constitutional.  The Grimm decision allowing a girl to use the boys’ restroom, on which the Fourth Circuit relied, is no precedent whatsoever for compelling a school to allow boy to compete against girls in girls’ sports.  Moreover, Grimm was based on the Standards of Care published by the World Professional Association for Transgender Health (“WPATH”), an organization has been exposed as having been a political player in the transgender wars, not  a neutral medical organization focused on actual health issues.  WPATH has tailored its standards to facilitate wins in court.  Even if a court believes a specific transgender person could benefit from some policy, that does not provide the judiciary the authority to override the state legislature and impose that policy on a state.  No court has the right to compel the rest of the country to sacrifice their liberty to satisfy those who wish to participate in what is, at base, an ancient Pagan practice, dangerous to all concerned.

Link to brief

For a discussion of this case, see Law Matters, Episode 5

Little v. Hecox — Amicus Brief Supporting Petition for Certiorari

ddavies Constitutional Law, U. S. Supreme Court

Our amicus brief supports a petition for certiorari filed by Governor Bradley Little of Idaho concerning the Idaho Fairness in Women’s Sports Act.  That law bars males from participation in girls’ supports based on clear factual findings of the legislature. The Ninth Circuit found the Act discriminatory and unconstitutional, believing that the new concept of transgenderism legally dislaces Read More

Parents Protecting Our Children v. Eau Claire Area School District, Wisconsin — Amicus Brief

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of a petition for certiorari filed by a coalition of parents of schoolchildren in Eau Claire, Wisconsin. The parents are challenging a policy of the school district to assist children with sexual transitioning without telling the parents of those children. The lower courts dismissed the claims, concluding that the parents did not have standing to Read More

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

Hensley v. State Commission on Judicial Conduct — Amicus Brief

Jeremiah Morgan Constitutional Law, Texas Supreme Court

Today, we worked with Texas attorneys Joseph Secola and Mark Brewer to file an amicus brief in the Texas Supreme Court to support a county justice of the peace whose religious convictions prevented her from marrying same-sex couples. The brief argued that the Commission on Judicial Conduct’s action showed bias against Bible-believing Christians and violated the Texas Constitution’s prohibition 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

Klein v. Oregon Bureau of Labor and Industries — Amicus Brief Supporting Petition for Certiorari

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of two owners of a specialty cake shop in Oregon. The owners were targeted because they are Christians and were fined by the state of Oregon for declining to design and create a wedding cake to celebrate a same-sex marriage. Our brief argued that Oregon’s public accommodations law defies the jurisdictional limit on government imposed by the Read More

Eagle Forum of Alabama — Amicus in support of motion to quash

Jeremiah Morgan Constitutional Law, U. S. District Court, Middle District of Alabama

Today, our firm filed an amicus brief in support of a motion to quash filed by Eagle Forum of Alabama opposing a subpoena by the federal government. The subpoena demands confidential information from a nonprofit advocacy organization relating to a law passed by Alabama which bans certain medical procedures harmful to minors.

Link to brief

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

303 Creative v. Elenis — Merits Amicus Brief

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief on the merits in 303 Creative. We previously filed an amicus brief in support of the petition for certiorari. Our amicus brief argued that the Colorado Anti-Discrimination Act empowers militant, homosexual activists to use the legal system to attack and destroy Christian business owners. Read More

303 Creative v. Elenis

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus curiae brief in support of a Petition for Certiorari filed by small business owner who provides website design services.  She would like to begin offering custom wedding websites, but the Colorado Anti-Discrimination Act (the same law used against Jack Phillips and Masterpiece 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

FOIA Complaint — Public Advocate v. Centers for Disease Control and Prevention (CDC)

admin FOIA Law, Litigation, U. S. District Court, District of Columbia

Today we filed a complaint against the CDC for their refusal to respond to our Freedom of Information Act request for copies of records related to the CDC’s 2014 “Acting Against AIDS” campaign.

Link to Complaint
Link to Exhibit A
Link to Exhibit B
Link to Exhibit C
Link to Exhibit D
Link to Exhibit E
Link to Exhibit F
Link to Exhibit G
Link to Exhibit H

Bostock v. Clayton County & Altitude Express v. Zarda

admin Statutory Construction, U. S. Supreme Court

Today we filed our third amicus brief in support of Altitude Express from a case brought by a homosexual skydiving instructor who was fired for speaking inappropriately at work about his sexual orientation. The Altitude Express case has been consolidated with a case from the Eleventh Circuit — Bostock. As in the Harris Funeral Case, we explain that Title VII of the 1964 Civil Rights Ac does not apply to sexual orientation.

Link to brief

Klein v. Oregon Bureau of Labor and Industries — Amicus Brief

admin Constitutional Law, U. S. Supreme Court

Today we filed an amicus brief supporting the owners of a small bakery in Oregon (Sweetcakes by Melissa) who refused to bake a wedding cake for a same-sex wedding because of their religious convictions.  For this, they were fined $135,000 and ordered to cease and desist following their religious convictions.  This case is similar to Colorado, Masterpiece Cakeshop, a case in which we filed two Read More

Law 360 Article Discusses our Harris Funeral Home Brief

admin Press Coverage, Statutory Construction

Bill Olson was quoted in an article by Braden Campbell called “States, Faith Groups Tell Justices To Hear Trans Bias Case,” in Law 360:  “’We have a lower federal judiciary that’s spinning out of control as circuits race toward political correctness, and if the Supreme Court doesn’t restore order, it’s hard to know where this is going to end,’ Olson said, referencing Read More