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SCOTT v. FAMILY MINISTRIES

Docket No. 47576.

65 Cal.App.3d 492 (1976)

135 Cal. Rptr. 430

RICHARD S. SCOTT et al., Plaintiffs and Appellants, v. FAMILY MINISTRIES, Defendant and Appellant; STATE DEPARTMENT OF HEALTH, Real Party in Interest and Respondent; LAVERN HENRY LANGENWALTER et al., Interveners and Respondents.

Court of Appeals of California, Second District, Division One.

December 30, 1976.

Attorney(s) appearing for the Case

COUNSEL

Miller, Glassman & Browning, Anthony Michael Glassman, Jane D. Saltsman and Richard Stanley Scott for Plaintiffs and Appellants.

Fred Okrand, Jill Jakes, Mary Ellen Gale and Jo Ellen Mitchell as Amici Curiae on behalf of Plaintiffs and Appellants.

Yates & Nissen and David R. Nissen for Defendant and Appellant.

Evelle J. Younger, Attorney General, N. Eugene Hill, Assistant Attorney General, Ronald V. Thunen, Jr., and Anne S. Pressman, Deputy Attorneys General, for Real Party in Interest and Respondent.

No appearance for Interveners and Respondents.

OPINION

THOMPSON, J.

The appeal at bench tests the right of a private state-licensed adoption agency to impose religious restrictions upon prospective adoptive parents over and above the religious matching requirements of California Administrative Code, title 22, section 30643. It raises incidental insubstantial issues of the sufficiency of pleadings, standing, and a claim of prejudice of the trial judge.

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