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 other rulings interpreting Title VII to cover gay workers.” Read More

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 based on “sexual orientation.”  Our brief explained the radical nature of recent the Hively and Zarda cases where courts chose to amend Title VII under the guise of re-interpretation of the statute.  This follows on the two briefs we filed in Zarda, and the earlier brief we filed in the Harris Funeral Home case when it was in the Sixth Circuit. Read More

Article: Trump Administration Rift on LGBT Worker Rights Nears Showdown

admin Press Coverage, Statutory Construction

Chris Opfer of BNA News wrote an article about the Zarda case where we filed a brief and other similar cases.where LGBTQ? advocates are asking judges to re-write the 1964 Civil Rights Act to grant them special rights.

The Article quotes Bill Olson, saying “Not only is it an effort to have a societal sanction for an immoral lifestyle, but it’s being accomplished by unelected judges who are admitting they are changing the law,” Read More

Altitude Express v. Zarda

admin Statutory Construction, U. S. Supreme Court

Today we filed an amicus brief in the U.S. Supreme Court supporting a petition for certiorari to review a circuit court decision giving homosexuals the right to sue employers, even though Congress never authorized such suits.  Ten liberal Second Circuit judges joined a decision to rewrite Title VII of the Civil Rights Act of 1964 to prohibit discrimination against homosexuals in employment.  This follows a similar ruling from the Seventh Circuit. 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.  Moreover, we argued, the court’s opinion was utterly oblivious to the numerous adverse consequences that would flow from its decision, applying not just to restrooms but to school locker rooms and showers as well, which will lead to all manner of disruption and injury to students. Read More

Masterpiece Cakeshop v. Colorado Civil Rights Commission

Michael Harless Constitutional Law, U. S. Supreme Court

Today we filed an amicus brief in the U.S. Supreme Court defending Masterpiece Cakeshop in Colorado against an order of a Colorado Administrative agency which would compel a Christian baker to facilitate and participate in the celebration of a same-sex wedding.

Link to brief

Article: “Court gets refresher course in who actually writes laws”

Michael Harless Press Coverage

World Net Daily ran an article about our firm’s brief filed in Zarda v. Altitude Express.  The article addressed the factual problem with the case that we raised, in that the Appellant’s brief admitted that Zarda, a homosexual, was not fired because he was homosexual, but because he “over-shared” his sexual orientation with customers.  The article also focuses on our argument that the Courts have no business legislating from the bench.

Link to article

Zarda v. Altitude Express

Michael Harless Statutory Construction, U. S. Court of Appeals, Second Circuit

Today, we filed an amicus brief in the U.S. Court of Appeals for the Second Circuit sitting en banc, where we are opposing efforts by radical homosexuals to convince liberal judges in New York to re-write the Civil Rights Act of 1964 to prohibit discrimination against homosexuals in employment.

Currently, the 1964 federal law bars discrimination in employment on the basis of “sex” and “race.”  However, in Zarda, lawyers for a homosexual skydiving instructor (since deceased from a skydiving accident) are claiming “sex” includes “sexual orientation,” and that Zarda was fired from his job because he was gay. Read More

EEOC v. Harris Funeral Home

Michael Harless 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 to explain it.  (The provision relating to “sex” was inserted into the bill by Virginia Congressman Howard W. Smith to prohibit discrimination against women, as a poison pill to kill the bill, but it passed anyway.)  The EEOC relied solely on the Supreme Court’s 1989 decision in Price Waterhouse v. Hopkins, which was said to prohibit “sexual stereotyping.”  Our brief explains the weaknesses in that decision, and why it does not apply here.  Lastly, we explained why the EEOC provision would undermine the funeral home’s Christian witness. Read More

G.G. v. Gloucester County School Board

Michael Harless 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, the question before the Fourth Circuit no longer whether deference should be paid to the Executive Branch, but whether federal law requires School Boards to allow students to use whatever facilities they may choose to use based on the sex with which they may self-identify.  This brief was a Supplemental Brief filed in the Fourth Circuit on that statutory issue. Read More

Article: “Bar association’s speech code denounced as unconstitutional”

Michael Harless Press Coverage

This article in World Net Daily discusses the series of four articles our firm wrote for the U.S. Justice Foundation on the American Bar Association’s latest effort to make the nation’s lawyers behave in a politically correct manner — ABA Ethics Rule 8.4.  The article states “Titus and Olson contend it’s the ABA’s “plan to politically purify the legal profession.”

Link to article Read More

Article: Herbert W. Titus on “Judge Posner’s Emporium”

Michael Harless Publications

Today Herb Titus wrote a powerful critique of 7th Circuit Judge Richard Posner’s astonishing concurring opinion in Hively v. Ivy Tech Community College, issued April 4, 2017.  That case determined that discrimination based on “sex” really means “sexual orientation” — irrespective of what Congress meant when it enacted Title VII of the 1964 Civil Rights Act.  The article was published by the Judicial Action Group. Read More

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