Case: Hunter v. U.S. Department of Education

6:21-cv-00474 | U.S. District Court for the District of Oregon

Filed Date: March 29, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

Thirty-three students filed a class action complaint against the U.S. Department of Education (DOE) in the U.S. District Court for the District of Oregon on March 29, 2021.  The students challenged the Department’s alleged complicity in abuses perpetrated against LGBTQ+ students at taxpayer-funded religious colleges and universities. The students sought to represent a class of “more than 100,000 LGBTQ+ students who attend taxpayer-funded religious colleges and universities that openly discrimin…

Thirty-three students filed a class action complaint against the U.S. Department of Education (DOE) in the U.S. District Court for the District of Oregon on March 29, 2021.  The students challenged the Department’s alleged complicity in abuses perpetrated against LGBTQ+ students at taxpayer-funded religious colleges and universities. The students sought to represent a class of “more than 100,000 LGBTQ+ students who attend taxpayer-funded religious colleges and universities that openly discriminate against them in both policy and practice.” At the religious institutions, plaintiffs alleged being subjected to conversion therapy, expulsion, denial of housing and healthcare, sexual and physical abuse and harassment, and other stigmatic harms. The students alleged that the Department of Education was wrongly using the religious exemption under Title IX to breach its obligation to protect students from abuse based on their sexual orientation and gender identity.  The students brought a constitutional claim against the DOE under 42 U.S.C. § 1983 for violating the Establishment Clause, Equal Protection and substantive due process. Plaintiffs also sued under 5 U.S.C. § 702 to challenge the actions of a federal agency. Plaintiffs sought declaratory and injunctive relief, asking the court to declare the religious exemption to Title IX unconstitutional as applied to sexual and gender minority students and to require the DOE to enforce Title IX against all taxpayer-funded educational institutions. The case was assigned to District Judge Ann L. Aiken on March 30, 2021. 

On April 9, 2021, several religious colleges moved to intervene in the case, including Western Baptist College, William Jessup University, and Phoenix Seminary. On May 12, 2021, the Council for Christian Colleges and Universities (CCCU) also moved to intervene. Before the court had addressed the religious colleges’ motion to intervene, the colleges filed a proposed motion to dismiss the complaint on May 13, 2021. On October 8, 2021, the court granted the motions to intervene. 2021 WL 4721062. 

On June 7, 2021, plaintiffs filed their first amended complaint. The amended complaint added seven more named plaintiffs to the lawsuit. The amended complaint also added claims under the First Amendment, Administrative Procedure Act (APA), and the Religious Freedom Restoration Act (RFRA). Under the First Amendment, the plaintiffs alleged that the religious exemption to Title IX chilled plaintiffs’ rights to freedom of speech, association and religious expression surrounding their sexual orientation or gender identity. Under the APA, the plaintiffs alleged that when the Department of Education issued a new rule about how institutions qualify for the religious exemption (34 C.F.R. § 106.12(b)-(c)), the rule was arbitrary and capricious because the Department did not provide reasoned analysis or consider all relevant factors or alternatives, including the impact on LGBTQ+ students’ constitutional rights. Under RFRA, the plaintiffs alleged that the religious exemption substantially burdened their sincerely held religious beliefs about sexual orientation and gender identity by not allowing plaintiffs to express these beliefs while enrolled at religious institutions. To their requested relief, plaintiffs added requests for task forces to determine adequate compensation for LGBTQ+ survivors of government-sponsored psychological and physical abuse and monitoring to ensure compliance. .  

On August 5, 2021, plaintiffs moved for a temporary restraining order (TRO), alleging that Title IX complaints they had filed with the Department of Education’s Office of Civil Rights (OCR) were in danger of “being dismissed at any moment” based on the religious exemption. In the motion for a TRO, plaintiffs requested that the Department investigate and potentially initiate enforcement against the religious institutions for violating Title IX and decline to dismiss the complaints under the religious exemption. Intervenors and defendants filed motions in opposition to the TRO and a motion to dismiss the amended complaint. On August 25, 2021, plaintiffs moved to amend the motion for a TRO because defendants were stonewalling plaintiff’s OCR complaints and eleven plaintiffs were going to return to campus to face a rising tide of hostility towards LGBTQ+ students. 

On August 30, 2021, the court denied plaintiffs’ request for a TRO because plaintiffs did not demonstrate the requisite likelihood of success on the merits. The court concluded that plaintiffs failed to establish a likelihood of irreparable harm because it was unclear if the DOE’s actions violated the plaintiffs’ rights and the plaintiffs could not establish that their OCR claims would be imminently dismissed. The court also held that plaintiffs failed to show the balance of equities was in their favor or that an injunction was in the public interest because the OCR investigations were ongoing and the plaintiffs had other remedies, like a private lawsuit under Title IX. The court also reasoned that there were jurisdictional questions about plaintiffs’ claims, including potential lack of standing and ripeness. The court granted plaintiffs’ motion to amend the request for a TRO and converted it into a motion for preliminary injunction. 2021 WL 3861154.     

On December 2, 2021, the plaintiffs filed a sealed motion to file a second amended complaint in order  to add allegations about plaintiffs’ OCR complaints, adjust the prayer for relief to bring it in line with the motion for preliminary injunction, and add eight more plaintiffs. Defendants objected. On February 18, 2022, two plaintiffs voluntarily dismissed themselves from this lawsuit. On July 20, 2022, the remaining plaintiffs filed a supplemental brief of newly discovered facts that OCR had dismissed four of plaintiffs’ administrative complaints because of the religious exemption. On December 30, 2022, intervenors filed a supplemental brief regarding their motion to dismiss. 

On January 12, 2023, the court granted defendants’ motion to dismiss and denied plaintiffs’ motions to amend the complaint and for a preliminary injunction. As to the APA claims, the court held that plaintiffs did not have standing because it was not clear that stigmatic injury was cognizable under the APA. Since there was no alleged procedural injury, the regulatory changes did not cause the harm because the schools were just as likely to qualify for religious exemptions under the old regulations. Additionally, plaintiffs could not show that a change in the religious exemption would change the universities’ behavior. The court also held that plaintiffs had failed to state a claim under the First and Fifth Amendments and RFRA. For the facial equal protection challenge, the court held that plaintiffs failed to plead a discriminatory motivation by Congress when they enacted the religious exemption to Title IX. Plaintiffs also did not allege how the religious exemption fails intermediate scrutiny because free exercise of religion is “undoubtedly, fundamentally important.” The court stated that plaintiffs failed to argue an as-applied challenge under the equal protection clause. For the substantive due process claim, plaintiffs claimed the religious exemption violated the rights to “bodily integrity” and to marry among others, but the court dismissed the claim because plaintiffs did not identify the “fundamental right” that was violated and because plaintiffs’ claims were “vague” and “conclusory.” Under the Establishment Clause, plaintiffs’ claim failed the Lemon test, which decides if a government action violates the Establishment Clause, because the religious exemption had the secular purpose of protecting religious institutions from “unwarranted and substantial infringement” and because carving out religious exemptions is within Congress’s power. The court dismissed plaintiffs’ free exercise and speech claims because plaintiffs failed to connect religious institutions’ funding to the alleged suppression of speech, and because the challenged religious exemption was neutral towards speech. Finally, the court dismissed plaintiffs’ RFRA claims, reasoning that  because government funding, acquiescence, approval, or encouragement did not convert private action into state action, there was not state action burdening plaintiffs’ religious beliefs. The court denied plaintiffs’ pending motion for a preliminary injunction in light of the dismissal.    

On March 13, 2023, plaintiffs appealed the dismissal and the denial of the preliminary injunction. As of December 2023, the appeal remains pending in the U.S. Court of Appeals for the Ninth Circuit.

Summary Authors

Sophia Weaver (3/27/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59776076/parties/hunter-v-us-department-of-education/


Attorney for Plaintiff

Baxter, Joseph Cline (Oregon)

Brenner, Alletta S. (Oregon)

Attorney for Defendant

Cortman, David A. (Oregon)

Davis, Elliott M. (Oregon)

Expert/Monitor/Master/Other

Corrigan, Christian Brian (Oregon)

show all people

Documents in the Clearinghouse

Document
1

6:21-cv-00474

Class Action Complaint

March 29, 2021

March 29, 2021

Complaint
35

6:21-cv-00474

First Amended Class Action Complaint

June 7, 2021

June 7, 2021

Complaint
88

6:21-cv-00474

Opinion and Order

Aug. 30, 2021

Aug. 30, 2021

Order/Opinion

2021 WL 2021

189

6:21-cv-00474

Opinion and Order

Jan. 12, 2023

Jan. 12, 2023

Order/Opinion

650 F.Supp.3d 650

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59776076/hunter-v-us-department-of-education/

Last updated April 8, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

***SEALED*** Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8014072 Jury Trial Requested: Yes. Filed by Lucas Wilson, Audrey Wojnarowisch, Joanna Maxon, Avery Bonestroo, Jaycen Montgomery, Louis James, Veronica Bonifacio Penales, Elizabeth Hunter, Jonathan Jones, Megan Steffen, Chandler Horning, Journey Mueller, Faith Millender, Jake Picker, Cameron Martinez, Rachel Held, Scott McSwain, Brooke C., Spencer J Vigil, Gary Campbell, Mackenzie McCann, Natalie Carter, Darren McDonald, Danielle Powell, Victoria Joy Bacon, Alex Duron, Hayden Brown, Tristan Campbell, Lauren Hoekstra, Nathan Brittsan, Zayn Silva, Ashtin Markowski, Rachel Moulton against All Defendants (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Civil Cover Sheet). (Southwick, Paul) Modified on 3/3/2022 to seal per Order of the Court. (bd) (Entered: 03/29/2021)

1 Exhibit A

View on RECAP

2 Exhibit B

View on PACER

3 Exhibit C

View on RECAP

4 Exhibit D

View on RECAP

5 Exhibit E

View on PACER

6 Exhibit F

View on RECAP

7 Exhibit G

View on PACER

8 Exhibit H

View on PACER

9 Exhibit I

View on PACER

10 Exhibit J

View on PACER

11 Exhibit K

View on PACER

12 Exhibit L

View on PACER

13 Exhibit M

View on PACER

14 Exhibit N

View on PACER

15 Exhibit O

View on PACER

16 Exhibit P

View on PACER

17 Exhibit Q

View on PACER

18 Exhibit R

View on RECAP

19 Exhibit S

View on PACER

20 Exhibit T

View on PACER

21 Exhibit U

View on PACER

22 Exhibit V

View on PACER

23 Exhibit W

View on RECAP

24 Exhibit X

View on PACER

25 Exhibit Y

View on PACER

26 Exhibit Z

View on PACER

27 Exhibit AA

View on PACER

28 Exhibit BB

View on PACER

29 Exhibit CC

View on PACER

30 Exhibit DD

View on PACER

31 Exhibit EE

View on PACER

32 Exhibit FF

View on PACER

33 Exhibit GG

View on PACER

34 Exhibit HH

View on RECAP

35 Exhibit II

View on PACER

36 Exhibit JJ

View on PACER

37 Exhibit KK

View on PACER

38 Exhibit LL

View on RECAP

39 Civil Cover Sheet

View on PACER

March 29, 2021

March 29, 2021

Clearinghouse
2

CASE MANAGEMENT ORDER. Signed on 3/30/2021 by Judge Ann L. Aiken. (ck) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

RECAP
3

Notice of Case Assignment to Judge Ann L. Aiken and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 7/28/2021. Joint Alternate Dispute Resolution Report is due by 8/27/2021. Pretrial Order is due by 8/27/2021. Ordered by Judge Ann L. Aiken. (bd) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
4

Proposed Summons to Department of Education Filed by All Plaintiffs. (Southwick, Paul) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ryan J. Tucker. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8033307 13; Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney David A. Cortman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8033292 12: Reviewed and Ready for Ruling. (ck)

April 9, 2021

April 9, 2021

PACER
5

Proposed Summons Suzanne Goldberg, in her official capacity as Acting Assistant Secretary for Civil Rights Filed by All Plaintiffs. (Southwick, Paul) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER
6

Summons Issued Electronically as to U.S. Department of Education. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (cw) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER
7

Summons Issued Electronically as to Suzanne Goldberg. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (cw) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER
8

Motion to Intervene and Memorandum in Support. Filed by Western Baptist College d/b/a Corban University, William Jessup University, Phoenix Seminary. (Attachments: # 1 Exhibit 1) (Waggoner, Kristen) (Entered: 04/09/2021)

1 Exhibit 1

View on PACER

April 9, 2021

April 9, 2021

RECAP
9

Declaration of Sheldon C. Nord Ph.D. in Support of Proposed Intervenors Motion to Intervene. Filed by Phoenix Seminary, Western Baptist College d/b/a Corban University, William Jessup University. (Related document(s): Motion to intervene 8 .) (Waggoner, Kristen) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

RECAP
10

Declaration of John Jackson, Ph.D. in Support of Proposed Intervenors Motion to Intervene. Filed by Phoenix Seminary, Western Baptist College d/b/a Corban University, William Jessup University. (Related document(s): Motion to intervene 8 .) (Waggoner, Kristen) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER
11

Declaration of Brian Arnold, Ph.D. in Support of Proposed Intervenors Motion to Intervene. Filed by Phoenix Seminary, Western Baptist College d/b/a Corban University, William Jessup University. (Related document(s): Motion to intervene 8 .) (Waggoner, Kristen) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER
12

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney David A. Cortman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8033292. Filed by William Jessup University, Phoenix Seminary, Western Baptist College d/b/a Corban University. (Cortman, David) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER
13

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ryan J. Tucker. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8033307. Filed by William Jessup University, Phoenix Seminary, Western Baptist College d/b/a Corban University. (Tucker, Ryan) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ryan J. Tucker. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8033307 13 ; Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney David A. Cortman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8033292 12 : Reviewed and Ready for Ruling. (ck)

April 9, 2021

April 9, 2021

PACER
14

ORDER: Granting Motion for Leave to Appear Pro Hac Vice 12 ; Granting Motion for Leave to Appear Pro Hac Vice 13 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER

Leave to Appear Pro Hac Vice AND Leave to Appear Pro Hac Vice

April 9, 2021

April 9, 2021

PACER
15

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Mark A. Lippelmann. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8035551. Filed by William Jessup University, Phoenix Seminary, Western Baptist College d/b/a Corban University. (Lippelmann, Mark) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Mark A. Lippelmann. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8035551 15: Reviewed and Ready for Ruling. (ck)

April 13, 2021

April 13, 2021

PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Mark A. Lippelmann. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8035551 15 : Reviewed and Ready for Ruling. (ck)

April 13, 2021

April 13, 2021

PACER
16

ORDER: Granting Motion for Leave to Appear Pro Hac Vice 15 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

PACER

Leave to Appear Pro Hac Vice

April 13, 2021

April 13, 2021

PACER
17

Amended Certificate of Service by Phoenix Seminary, Western Baptist College d/b/a Corban University, William Jessup University of Motion to Intervene and Memorandum in Support 8 Filed by Phoenix Seminary, Western Baptist College d/b/a Corban University, William Jessup University. (Lippelmann, Mark) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER
18

Corporate Disclosure Statement of Western Baptist College d/b/a Corban University. Filed by Western Baptist College d/b/a Corban University. (Lippelmann, Mark) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER
19

Corporate Disclosure Statement of William Jessup University. Filed by William Jessup University. (Lippelmann, Mark) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER
20

Corporate Disclosure Statement of Phoenix Seminary. Filed by Phoenix Seminary. (Lippelmann, Mark) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER
21

Notice of Appearance of Carol Federighi appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Federighi, Carol) (Entered: 04/20/2021)

April 20, 2021

April 20, 2021

PACER
22

Unopposed Motion for Extension of Time to File a Response/Reply (Joint) to Motion to Intervene and Memorandum in Support 8 . Filed by All Defendants. (Federighi, Carol) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER
23

ORDER: Granting 22 Unopposed Motion for Extension of Time to File Response/Reply to Motion to Intervene 8 . Response is due by 6/8/2021. Motion is taken under advisement as of 6/28/2021. Ordered by Judge Ann L. Aiken. (ck) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply to Motion

April 21, 2021

April 21, 2021

PACER
24

Return of Service Executed as to U.S. Department of Education served on 4/9/2021, answer due on 6/8/2021. Service specifically made upon Local U.S. Attorney. (Southwick, Paul) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

PACER
25

Return of Service Executed as to Suzanne Goldberg served on 4/9/2021, answer due on 6/8/2021. Service specifically made upon Local U.S. Attorney. (Southwick, Paul) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

PACER
26

Motion to Intervene . Oral Argument requested. Filed by Council for Christian Colleges & Universities. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C) (Grey, Herbert) (Entered: 05/12/2021)

1 Exhibit Exhibit A

View on PACER

2 Exhibit Exhibit B

View on PACER

3 Exhibit Exhibit C

View on RECAP

May 12, 2021

May 12, 2021

RECAP
27

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Gene Schaerr. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080107. Filed by Council for Christian Colleges & Universities. (Schaerr, Gene) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joshua James Prince. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080108 28; Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Nicholas P. Miller. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080109 29; Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Gene Schaerr. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080107 27: Reviewed and Ready for Ruling. (ck)

May 13, 2021

May 13, 2021

PACER
28

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joshua James Prince. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080108. Filed by Council for Christian Colleges & Universities. (Prince, Joshua) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
29

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Nicholas P. Miller. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080109. Filed by Council for Christian Colleges & Universities. (Miller, Nicholas) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
30

Corporate Disclosure Statement . Filed by Council for Christian Colleges & Universities. (Grey, Herbert) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joshua James Prince. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080108 28 ; Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Nicholas P. Miller. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080109 29 ; Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Gene Schaerr. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080107 27 : Reviewed and Ready for Ruling. (ck)

May 13, 2021

May 13, 2021

PACER
31

ORDER: Granting Motion for Leave to Appear Pro Hac Vice 27 ; Granting Motion for Leave to Appear Pro Hac Vice 28 ; Granting Motion for Leave to Appear Pro Hac Vice 29 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
32

Proposed Motion to Dismiss . Filed by William Jessup University, Phoenix Seminary, Western Baptist College. (Attachments: # 1 Exhibit A) (Lippelmann, Mark) (Entered: 05/13/2021)

1 Exhibit A

View on PACER

May 13, 2021

May 13, 2021

RECAP

Leave to Appear Pro Hac Vice AND Leave to Appear Pro Hac Vice AND Leave to Appear Pro Hac Vice

May 13, 2021

May 13, 2021

PACER
33

Joint Motion for Extension of Time to File a Response/Reply to Motion to Intervene 26 . Filed by All Defendants. (Federighi, Carol) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER
34

ORDER: Granting 33 Joint Motion for Extension of Time to File Response/Reply to Motion to Intervene 26 . Response is due by 6/8/2021. Motion is taken under advisement as of 6/28/2021. Ordered by Judge Ann L. Aiken. (ck) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply to Motion

May 21, 2021

May 21, 2021

PACER
35

***SEALED*** First Amended Complaint . Filed by Audrey Wojnarowisch, Lucas Wilson, Joanna Maxon, Avery Bonestroo, Jaycen Montgomery, Veronica Bonifacio Penales, Louis James, Elizabeth Hunter, Jonathan Jones, Megan Steffen, Chandler Horning, Journey Mueller, Faith Millender, Jake Picker, Cameron Martinez, Rachel Held, Scott McSwain, Brooke C., Spencer J. Vigil, Gary Campbell, Mackenzie McCann, Natalie Carter, Darren McDonald, Danielle Powell, Victoria Joy Bacon, Alex Duron, Hayden Brown, Tristan Campbell, Lauren Hoekstra, Nathan Brittsan, Zayn Silva, Ashtin Markowski, Rachel Moulton, Daniel Tidwell-Davis, Devin Bryant, Saren Criag, Jamie Lord, Consolata Bryant, Justin Tidwell-Davis, Mortimer Halligan against All Defendants (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL). (Southwick, Paul) Modified on 3/3/2022 to seal per Order of the Court. (bd) (Entered: 06/07/2021)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Exhibit H

View on PACER

9 Exhibit I

View on PACER

10 Exhibit J

View on PACER

11 Exhibit K

View on PACER

12 Exhibit L

View on PACER

13 Exhibit M

View on PACER

14 Exhibit N

View on PACER

15 Exhibit O

View on PACER

16 Exhibit P

View on PACER

17 Exhibit Q

View on PACER

18 Exhibit R

View on PACER

19 Exhibit S

View on PACER

20 Exhibit T

View on PACER

21 Exhibit U

View on PACER

22 Exhibit V

View on PACER

23 Exhibit W

View on PACER

24 Exhibit X

View on PACER

25 Exhibit Y

View on PACER

26 Exhibit Z

View on PACER

27 Exhibit AA

View on PACER

28 Exhibit BB

View on PACER

29 Exhibit CC

View on PACER

30 Exhibit DD

View on PACER

31 Exhibit EE

View on PACER

32 Exhibit FF

View on PACER

33 Exhibit GG

View on PACER

34 Exhibit HH

View on RECAP

35 Exhibit II

View on PACER

36 Exhibit JJ

View on PACER

37 Exhibit KK

View on PACER

38 Exhibit LL

View on PACER

June 7, 2021

June 7, 2021

Clearinghouse
36

Response in Opposition to Motion to Intervene 26, Motion to Intervene and Memorandum in Support 8 . Filed by All Defendants. (Federighi, Carol) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

RECAP
37

Amended Response in Opposition to Motion to Intervene 26, Motion to Intervene and Memorandum in Support 8 . Filed by Suzanne Goldberg, U.S. Department of Education. (Federighi, Carol) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

RECAP
38

Unopposed Motion for Extension of Time to Answer Amended Complaint,,,,, 35 . Filed by Suzanne Goldberg, U.S. Department of Education. (Federighi, Carol) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
39

ORDER: Granting Unopposed Motion for Extension of Time to Answer 38 . Answer is due by 7/9/2021. Ordered by Judge Ann L. Aiken. (ck) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER

Order on Motion for Extension of Time to Answer a Complaint/Petition

June 15, 2021

June 15, 2021

PACER
40

Reply to Motion to Intervene and Memorandum in Support 8 Oral Argument requested. Filed by Phoenix Seminary, Western Baptist College, William Jessup University. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Lippelmann, Mark) (Entered: 06/22/2021)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

June 22, 2021

June 22, 2021

RECAP
41

Reply to Motion to Intervene 26 . Filed by Council for Christian Colleges & Universities. (Grey, Herbert) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
42

Unopposed Motion for Extension of Time to Answer Amended Complaint,,,,, 35 . Filed by Suzanne Goldberg, U.S. Department of Education. (Federighi, Carol) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
43

ORDER: Granting Unopposed Motion for Extension of Time to Answer 42 . Answer is due by 8/9/2021. Ordered by Judge Ann L. Aiken. (ck) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER

Order on Motion for Extension of Time to Answer a Complaint/Petition

July 2, 2021

July 2, 2021

PACER
44

Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter; Memorandum of Law in Support Thereof. Oral Argument requested. Expedited Hearing requested. Filed by All Plaintiffs. (Southwick, Paul) Modified on 8/6/2021 to update docket text. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 08/05/2021)

Aug. 5, 2021

Aug. 5, 2021

RECAP
45

Declaration of Andrew Hartzler. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 44 .) (Southwick, Paul) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

RECAP
46

Declaration of Joni McLeod. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 44 .) (Southwick, Paul) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
47

Declaration of Rosalyn Simon. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 44 .) (Southwick, Paul) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
48

Declaration of Lauren Swain. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 44 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Southwick, Paul) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
49

Declaration of Josiah Robinson. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 44 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q, # 17 Exhibit R, # 18 Exhibit S, # 19 Exhibit T) (Southwick, Paul) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
50

Declaration of Paul Carlos Southwick. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 44 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q, # 17 Exhibit R, # 18 Exhibit S, # 19 Exhibit T, # 20 Exhibit U, # 21 Exhibit V, # 22 Exhibit W, # 23 Exhibit X) (Southwick, Paul) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
51

Notice of Appearance of Timothy R. Volpert appearing on behalf of All Plaintiffs . Filed by Victoria Joy Bacon, Avery Bonestroo, Nathan Brittsan, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Joanna Maxon, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Volpert, Timothy) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
52

Notice of Correction by Clerk regarding Motion for Temporary Restraining Order 44 . A Clerical error has been discovered in the case record: Docket text is missing the descriptive text. The following corrections were made to the record: The clerk has corrected the docket text. The Notice of Electronic Filing will be regenerated to all parties. (bd) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER

Correction of the Record

Aug. 7, 2021

Aug. 7, 2021

PACER
53

Response to Motion for Temporary Restraining Order 44 . Filed by Council for Christian Colleges & Universities. (Grey, Herbert) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
54

Proposed Motion to Dismiss First Amended Complaint. Oral Argument requested. Filed by William Jessup University, Phoenix Seminary, Western Baptist College. (Attachments: # 1 Exhibit A) (Lippelmann, Mark) Modified on 8/11/2021 to correct event selection. NEF not regenerated. (bd) (Entered: 08/09/2021)

1 Exhibit A

View on PACER

Aug. 9, 2021

Aug. 9, 2021

RECAP
55

Proposed Response in Opposition to Motion for Temporary Restraining Order 44 Oral Argument requested. Filed by Phoenix Seminary, Western Baptist College, William Jessup University. (Lippelmann, Mark) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
56

Motion to Dismiss . Filed by Suzanne Goldberg, U.S. Department of Education. (Federighi, Carol) Modified on 8/11/2021 to correct event type. NEF not regenerated. (bd) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

RECAP
57

Notice of Appearance of Elliott M. Davis appearing on behalf of All Defendants . Filed by Suzanne Goldberg, U.S. Department of Education. (Davis, Elliott) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
58

Scheduling Order by Judge Ann L. Aiken regarding Motion for Temporary Restraining Order 44 . Defendants' Response is due by 8/13/2021. Plaintiffs' Reply is due by 8/17/2021. Oral Argument is set for 8/31/2021 at 01:00PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER

1 - Scheduling

Aug. 10, 2021

Aug. 10, 2021

PACER
59

Amended Declaration of Josiah Robinson. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, 44 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T) (Southwick, Paul) (Entered: 08/11/2021)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Exhibit H

View on PACER

9 Exhibit I

View on PACER

10 Exhibit J

View on PACER

11 Exhibit K

View on PACER

12 Exhibit L

View on PACER

13 Exhibit M

View on PACER

14 Exhibit N

View on PACER

15 Exhibit O

View on PACER

16 Exhibit P

View on PACER

17 Exhibit Q

View on PACER

18 Exhibit R

View on PACER

19 Exhibit S

View on PACER

20 Exhibit T

View on PACER

Aug. 11, 2021

Aug. 11, 2021

PACER
60

Amended Declaration of Paul Carlos Southwick. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, 44 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X) (Southwick, Paul) (Entered: 08/11/2021)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Exhibit H

View on PACER

9 Exhibit I

View on PACER

10 Exhibit J

View on PACER

11 Exhibit K

View on PACER

12 Exhibit L

View on PACER

13 Exhibit M

View on PACER

14 Exhibit N

View on PACER

15 Exhibit O

View on PACER

16 Exhibit P

View on PACER

17 Exhibit Q

View on PACER

18 Exhibit R

View on PACER

19 Exhibit S

View on PACER

20 Exhibit T

View on PACER

21 Exhibit U

View on PACER

22 Exhibit V

View on PACER

23 Exhibit W

View on PACER

24 Exhibit X

View on PACER

Aug. 11, 2021

Aug. 11, 2021

PACER
61

Corrected Declaration of Lauren Swain. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, 44 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Southwick, Paul) (Entered: 08/13/2021)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

Aug. 13, 2021

Aug. 13, 2021

PACER
62

Memorandum in Opposition to Motion for Temporary Restraining Order 44 . Filed by All Defendants. (Davis, Elliott) (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

RECAP
63

Declaration of Elliott M. Davis . Filed by All Defendants. (Related document(s): Memorandum in Opposition 62 .) (Attachments: # 1 Exhibit A - Email Correspondence) (Davis, Elliott) (Entered: 08/13/2021)

1 Exhibit A - Email Correspondence

View on PACER

Aug. 13, 2021

Aug. 13, 2021

RECAP
64

Reply to Motion for Temporary Restraining Order 44 . Filed by All Plaintiffs. (Southwick, Paul) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
65

Declaration of Josiah Robinson. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, 44 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Southwick, Paul) (Entered: 08/17/2021)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

Aug. 17, 2021

Aug. 17, 2021

PACER
66

***SEALED*** Declaration of Lauren Swain. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, 44 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F). (Southwick, Paul) Modified on 3/3/2022 to seal per Order of the Court. (bd) (Entered: 08/17/2021)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

Aug. 17, 2021

Aug. 17, 2021

PACER
67

Declaration of Paul Southwick. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, 44 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Southwick, Paul) (Entered: 08/18/2021)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

Aug. 17, 2021

Aug. 17, 2021

PACER
68

Motion for Leave to File Motion to Dismiss. Oral Argument requested.Expedited Hearing requested. Filed by Council for Christian Colleges & Universities. (Attachments: # 1 Exhibit CCCU's Proposed Motion to Dismiss) (Schaerr, Gene) (Entered: 08/18/2021)

1 Exhibit CCCU's Proposed Motion to Dismiss

View on PACER

Aug. 18, 2021

Aug. 18, 2021

RECAP
69

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction 56 . Filed by All Plaintiffs. (Southwick, Paul) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
70

Response to Motion for Leave to File Motion to Dismiss 68 . Filed by All Defendants. (Davis, Elliott) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

RECAP
71

ORDER: Granting 69 Unopposed Motion for Extension of Time to File Response/Reply to Motion to Dismiss for Lack of Jurisdiction 56 . Response is due by 8/27/2021. Motion is taken under advisement as of 9/13/2021. Ordered by Judge Ann L. Aiken. (ck) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
72

Unopposed Motion to Strike Proposed Intervenors' Oppositions to TRO/PI (Dkt. 53, 55 ) and Proposed Intervenors' Proposed Motions to Dismiss (Dkt 54, 68 ) Response to Motion 53, Response in Opposition to Motion 55 . Filed by All Plaintiffs. (Southwick, Paul) Modified on 8/23/2021 to add document links. Notice of Electronic Filing regenerated to parties. (jw) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

RECAP

Order on Motion for Extension of Time to File Response/Reply to Motion

Aug. 20, 2021

Aug. 20, 2021

PACER
73

Motion for Leave to File Opposition to Motion for TRO. Oral Argument requested. Filed by Council for Christian Colleges & Universities. (Schaerr, Gene) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

RECAP
74

Response to Motion for Leave to File Opposition to Motion for TRO 73 . Filed by All Defendants. (Davis, Elliott) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

RECAP
75

Motion to Amend/Correct Motion for Temporary Restraining Order, 44 . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
76

Declaration of Taran Trinnaman. Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct 75 .) (Attachments: # 1 Exhibit A) (Southwick, Paul) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
77

Declaration of Jamie Lord. Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct 75 .) (Southwick, Paul) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
78

Declaration of Hayden Brown . Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct 75 .) (Southwick, Paul) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
79

Declaration of Cameron Martinez . Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct 75 .) (Southwick, Paul) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
80

Declaration of Audrey Wojnarowisch . Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct 75 .) (Southwick, Paul) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
81

Response in Opposition to Motion 53 54 55 68 72 (Titled "The Religious Schools' Response to Plaintiffs' Motion to Strike Proposed Intervenors' Proposed Motions to Dismiss and Oppositions to Plaintiffs' Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter".) Filed by Phoenix Seminary, Western Baptist College, William Jessup University. (Lippelmann, Mark) Modified on 8/27/2021 to update docket text to reflect title of document. Notice of Electronic Filing regenerated to parties. (jw) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

RECAP
82

Motion for Leave to File Motion to Dismiss the First Amended Class Complaint and Opposition to Plaintiffs' Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter. Filed by Phoenix Seminary, Western Baptist College, William Jessup University. (Lippelmann, Mark) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

RECAP
83

Declaration of Camille D. Lee. Filed by All Defendants. (Related document(s): Memorandum in Opposition 62 .) (Davis, Elliott) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER
84

Notice of Appearance of Misha Isaak appearing on behalf of All Plaintiffs . Filed by Victoria Joy Bacon, Avery Bonestroo, Nathan Brittsan, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Joanna Maxon, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Isaak, Misha) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

RECAP

Case Details

State / Territory: Oregon

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: March 29, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs’ are a class of more than 100,000 LGBTQ+ students who attend taxpayer-funded religious colleges and universities that openly discriminate against them in both policy and practice.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

U.S. Department of Education (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Free Exercise Clause

Establishment Clause

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Marriage

Religious programs / policies

School/University policies

Discrimination Basis:

Gender identity

Sexual orientation

Discrimination Area:

Discipline

Harassment / Hostile Work Environment

LGBTQ+:

LGBTQ+