OHIO CIVIL RIGHTS COMM'N v. DAYTON SCHOOLS

No. 85-488.

477 U.S. 619 (1986)

OHIO CIVIL RIGHTS COMMISSION ET AL. v. DAYTON CHRISTIAN SCHOOLS, INC., ET AL.

Supreme Court of United States.

Decided June 27, 1986


Attorney(s) appearing for the Case

Kathleen McManus argued the cause for appellants. With her on the briefs were Anthony J. Celebrezze, Jr., Attorney General of Ohio, and Helen M. Ninos, Assistant Attorney General.

William Bentley Ball argued the cause for appellees. With him on the brief were Philip J. Murren, Sandra E. Wise, and Bruce E. Pence.*

Briefs of amici curiae urging affirmance were filed for the American Jewish Committee et al. by Kimberlee Wood Colby, Samuel E. Ericsson, Michael J. Woodruff, Samuel Rabinove, and Richard T. Foltin; for Americans United for Separation of Church and State by Lee Boothby and Robert A. Yingst; for the Associated Christian Conciliation Services by John D. Robb; for the Catholic Conference of Ohio by David J. Young; for Concerned Women of America by Diane E. White, Joy R. Powell, and Jordan W. Lorence; for the Council on Religious Freedom by Lee Boothby and Rolland Truman; for the General Conference of Seventh-day Adventists by Walter E. Carson and Warren L. Johns; for the Gulf & Great Plains Legal Foundation by Jerald L. Hill and Mark J. Bredemeier; for the National Jewish Commission on Law and Public Affairs ("COLPA") by Daniel D. Chazin, Nathan Lewin, and Dennis Rapps; for the Rutherford Institute et al. by W. Charles Bundren, Guy O. Farley, Jr., John W. Whitehead, D. Kevin Ikenberry, Thomas O. Kotouc, Alfred Lindh, William B. Hollberg, and Wendell R. Bird; and for the United States Catholic Conference by Wilfred R. Caron and Mark E. Chopko.

Briefs of amici curiae were filed for the American Jewish Congress by Marc D. Stern and Ronald A. Krauss; and for the Catholic League for Religious and Civil Rights et al. by Steven Frederick McDowell.


JUSTICE REHNQUIST delivered the opinion of the Court.

Appellee Dayton Christian Schools, Inc. (Dayton), and various individuals brought an action in the United States District Court for the Southern District of Ohio under 42 U. S. C. § 1983, seeking to enjoin a pending state administrative proceeding brought against Dayton by appellant Ohio Civil Rights Commission (Commission). Dayton asserted that the Free Exercise and Establishment Clauses of the First Amendment...

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