MSLF in Court for Equality

Last week, Mountain States Legal Foundation was at the 10th Circuit Court of Appeals in Denver. What a day in court! Will Trachman, our general counsel, spent the morning arguing that the government cannot demand public servants be conditioned with “Equity, Diversity, and Inclusion” (EDI) training that demands they agree that they are racists because of the color of their skin.

Will presented a very strong argument before the federal appellate court on behalf of our client Josh Young. The State of Colorado demanded that Josh, a prison guard in Colorado Springs, take EDI training which instructed him that he is inherently racist because he is Caucasian, and is thus oppressing those around him. In the already racially charged environment of the prison system, one can imagine that this led to a hostile and discriminatory workplace. The federal district court dismissed our case without getting to the merits, so today’s appeal before the 10th Circuit was specifically to contest that dismissal.

Will argued that the Colorado Department of Corrections’ requirement of EDI training and forced adoption and implementation of the training by its prison guards puts officers’ lives at far more risk than they already are exposed to. After the government’s argument time expired, Will went line by line refuting the government’s claims in his final two minutes. He reaffirmed the position that Josh is not a racist simply because he is white, and that he too deserves equal protection under the law.

After oral argument Will said, “Josh was told he was a white supremist and that he furthered white supremacy. That’s not true and we are entitled to press our case forward, and we are very honored the judges of the 10th Circuit heard our arguments.”

We appreciate the backing of our supporters as we fight to protect the right to equal protection under the law for all Americans. We now eagerly await the court’s decision!

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Josh Young v. Colorado Department of Corrections, et al.

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