The standard for Title VI racial harassment claims is the deliberate indifference standard employed in Title IX cases.Port Huron Area School District (6th Cir.) - Amicus Supreme Court Decision, reported at 135 S. The practical and dignity harms found impermissible in Windsor are imposed with even greater force by the state bans.The bans fail review under United States v.Sexual orientation classifications warrant heightened scrutiny, particularly in the context of legal barriers to marriage, and that the bans fail heightened scrutiny because they are not substantially related to an important governmental objective.The state marriage bans, which forbid same-sex couples from marrying within the state, and prohibit the recognition of same-sex couples' out-of-state marriages, violate equal protection.Harvard failed to articulate a sufficiently concrete and measurable interestĬourt of Appeals Decision, reported at 980 F.3d 157.Harvard failed to prove that its use of race is narrowly tailored.Policy Order 63 fails under intermediate scrutiny.Policy Order 63 violates the Equal Protection Clause.CDS’s implementation and enforcement of its dress code constitutes State action under the Equal Protection ClauseĬourt of Appeals En Banc Decision, reported at 37 F.4th 104.The School Board violated Title IX when it prohibited Adams from using the boys’ restroomsĬourt of Appeals Decision En Banc, available at 2022 WL 18003879.The School Board violated the Equal Protection clause when it prohibited Adams from using the boys’ restrooms.This Court should not grant review to consider overruling its precedents in this areaīrief as Amicus in Response to Court's Invitation.The court of appeals’ application of this Court’s precedents does not warrant further review.The lower court correctly upheld Harvard’s admissions process under this Court’s precedents.Applying intermediate scrutiny, the district court correctly found that plaintiffs were likely to succeed on their Equal Protection ClaimĬourt of Appeals Decision, reported at 47 F.4th 661.Intermediate scrutiny applies to plaintiffs’ Equal Protection Claim.If strict scrutiny were to apply to the challenged race-neutral policy, the strict-scrutiny inquiry must be adapted for this novel context.Fairfax County School Board (4th Cir.) - Amicus The lower court correctly upheld UNC's admissions process under this Court’s precedents.This Court should adhere to Grutter’s holding that the educational benefits of diversity are a compelling interest.The scope of the district court’s injunction is not an abuse of discretion.The district court did not abuse its discretion by granting a preliminary injunction.Governor of the State of Alabama (11th Cir.) - Intervenor-Appellee If this court determines strict scrutiny applies, it should remand for the district court to evaluate whether the policy passes muster under that standard.Ensuring that students of all races enjoy equal educational opportunities is not a suspect purpose.School Committee of Boston (1st Cir.) - Amicus Boston Parent Coalition for Academic Excellence Corp.3293 violates the Equal Protection Clause as applied to transgender girls like B.P.J. ![]() West Virginia State Board of Education (4th Cir.) - Amicus
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