Amicus Briefs
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Through its litigation initiatives, Legal Momentum has made historic and enduring contributions to the rights and opportunities available to women. This is often accomplished through participation in cases as amicus curiae ("friend of the court"). Amici are groups or individuals who are not parties to the case but have particular expertise in the issues at its heart. They bring their expertise to the court in the form of an amicus brief to inform the court’s deliberations. Each year Legal Momentum writes and joins numerous amicus briefs in cases dealing with issues central to our mission.
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Equal Educational OpportunitiesJoined Amicus Brief: Determined whether a state athletic association acts “under color of” state law, 42 U.S.C. §1983, and is therefore subject to constitutional scrutiny.
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Equal Educational Opportunities | Fairness in the CourtsAuthored Amicus Brief: Determined whether a person who is retaliated against for complaining of sex discrimination in federally-funded education programs may bring a lawsuit for damages under Title IX.
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Equal Educational OpportunitiesSex-Based ClassificationJoined Amicus Brief: Determined whether Title IX covers athletic associations that do not directly receive federal funding, but exercise significant control over federally funded school athletic programs.
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Equal Educational OpportunitiesJoined Amicus Brief: Determined the right to sue a university for expulsion in retaliation for complaining of sexual harassment under Title IX.
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Equal Educational OpportunitiesRacial Justice | International Human RightsAuthored Amicus Brief: Determined the constitutionality of affirmative action programs in publicly-funded schools and universities.
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Equal Educational OpportunitiesLGBTQ+ RightsJoined Amicus Brief: Concerned whether a school violated the federal Equal Access Act by denying a East High Gay/Straight Alliance permission to meet on school premises.
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Equal Educational Opportunities | Violence Against Women and GirlsChild AbuseJoined Amicus Brief: The plaintiff alleged that she was sexually assaulted by a junior high school teacher for approximately two years. She sued her school under Title IX and various school officials under 42 U.S.C. § 1983 for due process violations.
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Equal Educational OpportunitiesRacial JusticeJoined Amicus Brief: Determined whether the NCAA is covered by Title VI of the Civil Rights Act of 1964.
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Equal Educational OpportunitiesJoined Amicus Brief: Determined the right to sue schools for peer-to-peer sexual harassment under Title IX.
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Equal Educational OpportunitiesSex-Based ClassificationJoined Amicus Brief: Addressed a challenge to the three-part participation test for compliance with Title IX promulgated by the Department of Education’s Office for Civil Rights.