IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

BLEU COPAS, )
)
Plaintiff, ) Case No.: 3:17-cv-01447
v. )
)
BILL HASLAM, in his official capacity )
as GOVERNOR OF THE STATE OF )
TENNESSEEE )
)
Defendant. )
 

PLAINTIFF’S MOTION FOR SUMMARYJUDGMENT

By and through his counsel of record, and pursuant to Federal Rule of Civil Procedure

56, Plaintiff, Bleu Copas (“Copas”), respectfully requests that this Court find that there are no

genuine issues of material fact and that he is entitled to judgment as a matter of law on his claim

that Tennessee Code Annotated 63-22-302 (the “Therapist Bill”) is unconstitutional because it

violates the First Amendment’s Establishment Clause. In support of this Motion, Copas states

that:

1. The Therapist Bill is not driven by a secular purpose. Rather, the State of

Tennessee enacted it to empower a small group of Christian counselors to discriminate against

members of the LGBT community.

2. The Therapist Bill does not have a principal or primary effect that neither

advances nor prohibits religion. By allowing certain counselors to discriminate against members

of the LGBT community, the Therapist Bill favors their religious beliefs over the religious (or

non-religious) beliefs of others.

Case 3:17-cv-01447 Document 38 Filed 05/15/19 Page 1 of 3 PageID #: 877

 3. The Therapist Bill favors an excessive entanglement of Church and State by

excusing a small group of Christian counselors for complying with the ethical code that governs

their profession.

4. As the Court found in its May 25, 2018, Order (Doc. 21), Copas has standing to

pursue this claim.

5. Copas relies upon a contemporaneously filed Memorandum, a Concise Statement

of Material Facts, and various exhibits in support of this motion.

WHEREFORE, Copas respectfully requests that this Court:

1. grant his Motion for Summary Judgment;

2. hold that the Therapist Bill violates the First Amendment’s Establishment Clause

and, therefore, is unconstitutional; and

3. grant any other relief it deems just and proper.

Respectfully submitted,

s/ Christopher W. Cardwell
Christopher W. Cardwell
Mary Taylor Gallagher
M. Thomas McFarland
GULLETT, SANFORD, ROBINSON & MARTIN,
PLLC
150 Third Avenue South, Suite 1700
Nashville, TN 37201
(615) 244-4994 (Telephone)
(615) 256-6339 (Facsimile)
ccardwell@gsrm.com
mtgallagher@gsrm.com
tmcfarland@gsrm.com

Attorneys for Plaintiff

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 CERTIFICATE OF SERVICE

I hereby certify that on May 15, 2019, a true and exact copy of the foregoing has been filed
electronically and may be accessed through the Court’s electronic filing system. The following
will receive a copy through the Court’s electronic filing system:

Dawn Jordan, BPR 20383

Stephanie Bergmeyer, BPR 27096
Office of Tennessee Attorney General
Civil Justice Section
P.O. Box 20207
Nashville, Tennessee 37202-0207
(615) 532-2500

s/ Christopher W. Cardwell

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