UNITED STATES of America
v.
The CITY OF PHILADELPHIA; the Philadelphia Commission On Human Relations; and Barbara W. Mather, Philadelphia City Solicitor.
TEMPLE UNIVERSITY OF the COMMONWEALTH SYSTEM OF HIGHER EDUCATION
v.
The CITY OF PHILADELPHIA Commission On Human Relations.
Appeal of PHILADELPHIA LESBIAN AND GAY TASK FORCE, Richard Brown, Lesbians and Gays at Penn, Larry Gross, Lois Rothenberger, Jim Bahr, Ken Blochowsky, Peter Antony, Robin Sweeney, and Ilse de Veer, Proposed Intervenor-Defendants.
Appeal of CITY OF PHILADELPHIA; Philadelphia Commission on Human Relations; and Barbara W. Mather, Philadelphia City Solicitor.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued June 16, 1986.
Decided August 1, 1986.
Attorney(s) appearing for the Case
Susan Shinkman (argued), Deputy City Solicitor, Philadelphia, Pa., for appellants City of Philadelphia, et al.
David W. Webber (argued), Peter Goldberger, Philadelphia, Pa., for proposed intervenors-appellants Philadelphia Lesbian and Gay Task Force, et al.
Robert J. Reinstein (argued), Stephen Bosch, Office of University Counsel, Philadelphia, Pa., for appellee Temple University.
Richard K. Willard, Asst. Atty. Gen., Edward S.G. Dennis, Jr., U.S. Atty., John F. Cordes, Robert V. Zener (argued), Attorneys, Appellate Staff Civ. Div., Dept. of Justice, Washington, D.C., for appellee U.S.; Lt. Col. Joyce E. Peters, Major Thomas R. Folk, Office of the Judge Advocate General, Dept. of the Army, Washington, D.C., of counsel.
Seth Kreimer, University of Pennsylvania Law School, Stefan Presser, Legal Director, American Civil Liberties Union, Philadelphia, Pa., for amicus curiae The American Civil Liberties Union of Greater Philadelphia.
George R. Clark, Diane E. Burkley, Thomas M. Curtis, Pierson, Ball & Dowd, Washington, D.C., for amicus curiae American Council on Educ.; Sheldon Elliot Steinbach, American Council on Educ., Washington, D.C., of counsel.
Abby R. Rubenfeld, Managing Attorney, Lambda Legal Defense and Educ. Fund, Inc., New York City, for amicus curiae Lambda Legal Defense and Educ. Fund, Inc.
Before SEITZ, HUNTER, and MANSMANN, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
SEITZ, Circuit Judge.
The City of Philadelphia, the Philadelphia Commission on Human Relations, and Barbara W. Mather, the Philadelphia City Solicitor, appeal from a final order of the district court granting summary judgment in favor of the United States of America ("the United States") and Temple University ("Temple"). The Philadelphia Lesbian and Gay Task Force, Lesbians and Gays at Penn, and a number of individuals (collectively...
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