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INTERMOUNTAIN FAIR HOUSING v. BOISE RESCUE MISSION

No. 10-35519.

657 F.3d 988 (2011)

INTERMOUNTAIN FAIR HOUSING COUNCIL; Janene Cowles; and Richard Chinn, Plaintiffs-Appellants, v. BOISE RESCUE MISSION MINISTRIES; and Boise Rescue Mission, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 19, 2011.

Attorney(s) appearing for the Case

Ken Nagy , Lewiston, ID, for the plaintiffs-appellants.

Luke W. Goodrich , the Becket Fund for Religious Liberty, Washington, D.C., for the defendants-appellees.

Linda F. Thome , U.S. Department of Justice, Washington, D.C.; Ayesha N. Khan , Washington, D.C.; Darryl P. Rains , Morrison & Foerster LLP, Palo Alto, CA; Eric S. Baxter , Arent Fox LLP, Washington, D.C.; Steven W. Fitschen , the National Legal Foundation, Virginia Beach, VA; and Joseph Cascio , Kirkland & Ellis LLP, Washington, D.C., for the amici curiae.

Before: SIDNEY R. THOMAS and SUSAN P. GRABER, Circuit Judges, and JAMES V. SELNA, District Judge.

OPINION

GRABER, Circuit Judge:

We consider the extent of the protection afforded by the Fair Housing Act ("FHA"), 42 U.S.C. §§ 3601-3631, against religious discrimination. Defendant Boise Rescue Mission Ministries, a non-profit Christian organization, operates a residential drug treatment program and, at the time relevant to this appeal, two homeless shelters in Boise, Idaho. Plaintiffs Janene Cowles, Richard Chinn, and Intermountain Fair Housing...

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