BRYCE v. EPISCOPAL CHURCH IN DIOCESE OF COLORADO

No. 00-1515.

289 F.3d 648 (2002)

Lee Ann BRYCE; Sara D. Smith, The Reverend, Plaintiffs-Appellants, v. EPISCOPAL CHURCH IN THE DIOCESE OF COLORADO; Saint Aidan's Episcopal Church; The Right Reverend William Jerry Winterrowd, in his official capacity and as an individual; The Reverend Tina Anderson, in her official capacity and as an individual; The Reverend Donald Henderson, in his official capacity and as an individual; The Reverend Neysa Ellgren, in her official capacity and as an individual; and Members of the Vestry of Saint Aidan's Episcopal Church, Karla Allen, Tracy Enholm, David Huff, Marti Ingram, Ed Kase, Margie Miller, Andy Morris, Bal Patterson, Virginia Patterson, Norm Pilgrim, Carol Rasmussen, Carol Stott, Mary Wilder, and Richard Wolniewice, in their official capacities and as individuals, Defendants-Appellees, The Association of Christian Schools International; Campus Crusade for Christ; The Christian Legal Society Center for Law and Religious Freedom; The Church of Jesus Christ of Latter-Day Saints; The Colorado Baptist General Convention; The Colorado Catholic Conference; The Colorado District Church of the Nazarene; The Colorado Muslim Society; The Colorado Task Force on Religious Freedom; The First Church of Christ, Scientist; The General Conference of Seventh-Day Adventists; The General Council on Finance and Administration of the United Methodist Church; The Islamic Society of Colorado Springs; Lutheran Church — Missouri Synod; Mid-America Union Conference of Seventh-Day Adventists; National Federation for Catholic Youth Ministry; The Navigators; New Life Church; The Net, Formerly The Colorado Springs Association of Evangelicals; Presbyterian Church (U.S.A.); The Pueblo Association of Evangelicals; The Rocky Mountain Conference of Seventh-Day Adventists; The Rocky Mountain Conference of the United Methodist Church; The Rocky Mountain Rabbinical Council; The Rocky Mountain Synod, Evangelical Lutheran Church of America; United States Catholic Conference; Young Life, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

April 30, 2002.


Attorney(s) appearing for the Case

Patricia S. Bangert, Powers Phillips, P.C., Denver, CO, appearing for Appellants.

L. Martin Nussbaum (Samuel M. Ventola, with him on the brief), Colorado Springs, CO, appearing for Appellees.

Von G. Keetch and Alexander Dushku, Kirton & McConkie, Salt Lake City, UT, filed an amicus curiae brief in support of appellees Episcopal Church in the Diocese of Colorado, et al.

Before TACHA, Chief Judge, KELLY, and HARTZ, Circuit Judges.


TACHA, Chief Judge.

Plaintiffs Lee Ann Bryce and Reverend Sara Smith brought a sexual harassment suit against St. Aidan's Episcopal Church and others for remarks made about homosexuals and about the plaintiffs' homosexual activities. St. Aidan's Church asserts that the First Amendment bars plaintiffs' sexual harassment claims because the remarks were made as part of ecclesiastical discussions on church policy towards homosexuals. The district court agreed, granting...

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