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Rutledge Leads States in Amicus Brief in Title VII Case


June 13, 2018

Says, ‘Judges should apply the law as written’

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge led a coalition of seven states in filing an amicus brief in support of Midwest Geriatric Management, LLC arguing that the courts may not unilaterally rewrite and expand Title VII. The brief argues that, because Congress has chosen not to extend Title VII protection to sexual orientation, the courts may not do so on their own.

“It is my duty to protect the separation of powers written in the Constitution,” said Attorney General Rutledge. “Judges should apply the law as written by the people’s representatives in Congress and should not add to or ‘creatively apply’ the law because they believe a different law should have been written and applied. Regardless of whether one thinks Congress should extend discrimination protection to sexual orientation, Congress has clearly chosen not to do so dozens of times. We must stand for the rule of law in all cases, not simply the easy ones.”

Arkansas is joined in the amicus brief by Louisiana, Michigan, Missouri, Nebraska, Oklahoma, South Dakota and Texas.

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