Obergefell v. Hodges
Tanco v. Haslam
DeBoer v. Snyder
Bourke v. Beshear

Michael Harless Constitutional Law, U. S. Supreme Court

Today, we filed an amicus curiae brief in the U.S. Supreme Court opposing efforts to have the Court force homosexual marriage on the States and the People.

The brief was filed on behalf of: Public Advocate of the U.S., Joyce Meyer Ministries, U.S. Justice Foundation, The Lincoln Institute, Abraham Lincoln Foundation, Institute on the Constitution, Conservative Legal Defense and Education Fund, and Pastor Chuck Baldwin. Read More

Hedgepath v. Bentley — Chief Justice Roy Moore Response to Motion to Dismiss

Michael Harless Constitutional Law, Litigation, U. S. District Court, Southern District of Alabama

Today, representing Alabama Supreme Court Chief Justice Roy Moore, our firm joined with Alabama local counsel Douglas McElvy in filing a Motion to Dismiss a suit filed against certain Alabama state officials seeking to penalize their opposition to same sex marriage. A Brief in Support of the Motion was also filed.

Tim Moose v. William Scott MacDonald Amicus Brief for Virginia Delegate Bob Marshall, et al. in the United States Supreme Court

Michael Harless Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Tim Moose v. William Scott MacDonald in the United States Supreme Court in support of petitioner.

Our brief was filed on behalf of Virginia Delegate Bob Marshall, Virginia Senator Dick Black, Public Advocate of the United States, U.S. Justice Foundation, Institute on the Constitution, The Lincoln Institute for Research and Education, The Abraham Lincoln Foundation for Research and Education, Conservative Legal Defense and Education Fund, and Policy Analysis Center. Read More

United States of America v. Edith Schlain Windsor and Bipartisan Legal Advisory Group of the United States House of Representatives Amicus Brief on Jurisdiction and Standing Questions for Citizens United’s National Committee for Family, Faith and Prayer, et al. in the United States Supreme Court

Michael Harless Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief on jurisdiction and standing questions in the case of United States of America v. Edith Schlain Windsor and Bipartisan Legal Advisory Group of the United States House of Representatives in the United States Supreme Court in support of resp. Bipartisan Legal Advisory Group.

Our amicus brief was filed on behalf of Citizens United’s National Committee for Family, Faith and Prayer, Citizens United Foundation, U.S. Justice Foundation, Gun Owners of America, Inc., Gun Owners Foundation, The Lincoln Institute, Public Advocate of the U.S., Declaration Alliance, Western Center for Journalism, Institute on the Constitution, Abraham Lincoln Foundation, English First, English First Foundation., Conservative Legal Defense and Education Fund, Protect Marriage Maryland PAC, Delegate Bob Marshall, and Senator Dick Black. Read More

Dennis Hollingsworth, et al. v. Kristin M. Perry, et al. Amicus Brief for Citizens United’s National Committee for Family, Faith and Prayer, et al. in the United States Supreme Court

Michael Harless Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Dennis Hollingsworth, et al. v. Kristin M. Perry, et al. in the United States Supreme Court in support of petitioners.

Our amicus brief was filed on behalf of Citizens United’s National Committee for Family, Faith and Prayer, Citizens United Foundation, U.S. Justice Foundation, Gun Owners Foundation, The Lincoln Institute for Research and Education, Public Advocate of the United States, Declaration Alliance, Western Center for Journalism, Institute on the Constitution, Abraham Lincoln Foundation for Public Policy Research, Inc., Conservative Legal Defense and Education Fund, English First, and Protect Marriage Maryland PAC. Read More

United States of America v. Edith Schlain Windsor and Bipartisan Legal Advisory Group of the United States House of Representatives Amicus Brief for Citizens United’s National Committee for Family, Faith and Prayer, et al. in the United States Supreme Court

Michael Harless Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of United States of America v. Edith Schlain Windsor and Bipartisan Legal Advisory Group of the United States House of Representatives in the United States Supreme Court in support of resp. Bipartisan Legal Advisory Group.

Our amicus brief was filed on behalf of Citizens United’s National Committee for Family, Faith and Prayer, Citizens United Foundation, U.S. Justice Foundation, Gun Owners Foundation, The Lincoln Institute, Public Advocate of the U.S., Declaration Alliance, Western Center for Journalism, Institute on the Constitution, Abraham Lincoln Foundation, Conservative Legal Defense and Education Fund, English First, Protect Marriage Maryland PAC, Delegate Bob Marshall, and Senator Dick Black. Read More

Bill Olson Quoted in The United States Law Week Supreme Court Today Article “Supreme Court’s Social Calendar Wide Open But Same-Sex Marriage, VRA May Join Party”

Michael Harless Press Coverage

Bill Olson was quoted extensively regarding the definition of marriage on pages 4-6 of The United States Law Week Supreme Court Today article “Supreme Court’s Social Calendar Wide Open But Same-Sex Marriage, VRA May Join Party” by Bernard J. Pazanowski. Our firm filed amicus briefs in two of the cases mentioned in the article, Dennis Hollingsworth,et al. v. Kristin M. Perry, et al. and Bipartisan Legal Advisory Group of the United States House of Representatives v. Nancy Gill, et al. Read More

Dennis Hollingsworth, et al. v. Kristin M. Perry, et al. Amicus Brief for Public Advocate of the United States, et al. in the United States Supreme Court

Michael Harless Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Dennis Hollingsworth, et al. v. Kristin M. Perry, et al. in the United States Supreme Court in support of petitioner’s petition for writ of certiorari.

Brought as a challenge to California Proposition 8, this case concerns whether homosexuals desiring the benefits of marriage have a constitutional right to compel that marriage be redefined to accommodate their sexual preferences. Our amicus brief urges that the petition for a writ of certiorari be granted to correct the badly flawed opinions below, and to reconsider the Supreme Court’s decision in Romer. Read More

Bipartisan Legal Advisory Group of the United States House of Representatives v. Nancy Gill, et al. Amicus Brief for Capitol Hill Prayer Alert Foundation, et al. in the United States Supreme Court

Michael Harless Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Bipartisan Legal Advisory Group of the United States House of Representatives v. Nancy Gill, et al. in the United States Supreme Court in support of petitioner’s petition for writ of certiorari.

Our amicus brief argues that the petition for a writ of certiorari should be granted, but not limited to petitioner’s two questions, both of which rest upon the assumption that the Fifth Amendment’s Due Process Clause imposes an “equal protection” limit on the exercise of Congress’s Taxing and Spending Powers. Our amicus brief urges the Supreme Court to add to the questions to be addressed whether section 3 of the Defense of Marriage Act (“DOMA”) violates the Fifth Amendment Due Process guarantee as it is written, not as it has been construed by the Supreme Court. Read More

Herb Titus Law Review Article, “The Don’t Ask, Don’t Tell Repeal: Breaching the Constitutional Ramparts” (December 27, 2011)

Michael Harless Publications

In a hard hitting essay first published in the Fall 2011 issue of the William & Mary Journal of Women in the Law, Herb Titus critically tracks the process by which the 111th Congress repealed “Don’t Ask Don’t Tell.” Titus maintains that from start to finish, the Democratic leadership chose to bring about repeal, utilizing an unconstitutional strategy that breached House rules, divested Congress of its legislative powers, and upended the legislative process by entrusting unelected bureaucrats with the power to prescribe the rules of governing sexual behavior in the nation’s land and naval forces. Titus concludes that, by disregarding the constitutional principles of separation of powers, checks and balances, and federalism, an irresponsible legislature has set a precedent that will threaten powers reserved to the States over their own militia, and increase the unconstitutional law-making powers already usurped by the courts. Read More

Articles on Iowa Supreme Court’s Opinion Purporting to Redefine Marriage to Include Same-Sex Couples

Michael Harless Publications

Herb Titus recently wrote two “op ed” articles arguing that the Iowa Governor has a constitutional duty not to enforce the Iowa Supreme Court’s opinion that the state constitution requires that the state’s law defining marriage must be redefined to include same-sex couples.

April 24, 2009 in the Des Moines Register

May 3, 2009 in the Sioux City Journal

John Geddes Lawrence and Tyron Garner v. State of Texas

Michael Harless Constitutional Law, U. S. Supreme Court

Our firm filed an amicus brief in the U.S. Supreme Court on behalf of Public Advocate of the United States, Conservative Legal Defense and Education Fund, Lincoln Institute for Research and Education, Help and Caring Ministries, Inc., and Citizens United Foundation in support of the State of Texas urging the Court to uphold the the Texas Homosexual Conduct Statute.

Petitioners challenging the Texas law ask the Court, in effect, to amend the U.S. Constitution to create a new constitutional right for adults to engage in consentual sodomy. Our brief defends principles of federalism, and explains how petitioners’ arguments were misleading and flawed, and their position has no support in either the text of the 14th Amendment, or prior decisions of the Supreme Court. Read More

J. Barrett Hyman, M.D. v. The City of Louisville, et al.

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

The City of Louisville and Jefferson County, Kentucky, enacted ordinances to prohibit discrimination based on “sexual orientation” and “gender identity.” J. Barrett Hyman, M.D. held Biblical and constitutional objections to complying with these ordinances in his practice of obstetrics and gynecology, and his suit to have them declared unlawful was dismissed by the trial court. Our firm was retained to file an amicus curiae brief in the U.S. Court of Appeals for the Sixth Circuit explaining the unconstitutional ambiguities inherent in these ordinances and why they should be declared void for vagueness. Read More

Boy Scout Brief (on Petition for Writ of Certiorari)

Michael Harless Constitutional Law, U. S. Supreme Court

The Olson law firm filed an amicus curiae brief with the U.S. Supreme Court on behalf of Public Advocate of the United States and the Lincoln Institute for Research and Education defending the right of the Boy Scouts to determine their own leadership.

This brief urges that the U.S. Supreme Court grant certiorari and review the decision of the New Jersey Supreme Court which compels the Boy Scouts there to retain a homosexual activist as a scoutmaster, under the New Jersey state “Law Against Discrimination.” (The Supreme Court granted the petition for certiorari.) Read More