AM. CIVIL LIBERTIES v. HENDRICKS

DOCKET NO. A-4399-13T2

139 A.3d 92 (2016)

445 N.J. Super. 452

AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY, Unitarian Universalist Legislative Ministry of New Jersey, Gloria Schor Andersen, Penny Postel, and William Flynn, Appellants, v. Rochelle HENDRICKS, Secretary of Higher Education for the State of New Jersey, in her official capacity; and Andrew P. Sidamon-Eristoff, State Treasurer, State of New Jersey, in his official capacity, Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 26, 2016.


Attorney(s) appearing for the Case

Edward L. Barocas (American Civil Liberties Union of New Jersey Foundation) argued the cause for appellants (Barry, Corrado & Grassi, P.C.; Lenora Lapidus (American Civil Liberties Union Women's Rights Project); Galen Sherwin (American Civil Liberties Union — Women's Rights Project) of the New York Bar, admitted pro hac vice; Daniel Mach (American Civil Liberties Union Program on Freedom of Religion and Belief) of the District of Columbia bar, admitted pro hac vice; Ayesha Khan (Americans United for Separation of Church and State) of the District of Columbia bar, admitted pro hac vice, and Alex Luchenitser (Americans United for Separation of Church and State) of the District of Columbia bar, admitted pro hac vice, attorneys; Mr. Barocas, Jeanne M. LoCicero , Frank L. Corrado , Wildwood, Ms. Lapidus, Ms. Sherwin, Mr. Mach, Ms. Khan, Mr. Luchenitser, on the briefs).

Stuart M. Feinblatt , Assistant Attorney General, argued the cause for respondents ( Robert Lougy , Acting Attorney General, attorney; Mr. Feinblatt, of counsel and on the brief; Jennifer J. McGruther , Deputy Attorney General, and Laura M. Console , Deputy Attorney General, on the brief).

Before Judges SABATINO, ACCURSO and SUTER.


The opinion of the court was delivered by

Appellants, the American Civil Liberties Union of New Jersey ("ACLU-NJ"), the Unitarian Universalist Legislative Ministry of New Jersey ("UULM-NJ"), and three individuals challenge the Secretary of Higher Education's award of public grants...

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