On August 30, 2021, twenty states filed a lawsuit in federal court, arguing that Executive Order 13988 (and subsequent orders and memos) violate federal procedural and constitutional law. More specifically, they argue that the Biden Administration failed to follow proper procedure in issuing the orders and memos, and that the orders and memos violate the First Amendment.
They are asking a federal court to declare that the orders and memos are unlawful and to immediately put a halt to their enforcement. This case could potentially make its way to the Supreme Court, where we might finally see a decision about what “sex” and “gender” mean in the law.
On October 27, 2021, WHRC USA filed a Motion for Leave to File an Amicus brief in the case and the amicus brief itself [see document below]. In it, we argue that in addition to all of the arguments and claims set forth in the Complaint (all of which we agree with), the orders and memos also violate the Equal Protection Clause of the 14th Amendment because they violate women’s sex-based right to equal protection of the law.
The judge in this case does not have to grant our Motion for Leave to File and if he doesn’t, that may be the end of the matter. But if he does, our brief will officially become part of the court record. And even if he doesn’t grant the motion, he will have at least considered it, so our argument will become part of his thinking as the case proceeds, regardless.
We are also considering possibly intervening in the case as a party at some future date.
We will keep you updated!
To read the Declaration in full and become a signatory click here.
*Please note that the Women’s Human Rights Campaign USA (WHRC-USA) is now officially known as Women’s Declaration International USA (WDI-USA)
Well done WHRC!
Hold that scuzzy guy Biden to account.