AMERICANS UNITED FOR SEPAR. OF CHURCH v. REAGAN

No. 85-1309.

786 F.2d 194 (1986)

AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE; Robert L. Maddox, Individually and as Executive Director of Americans United for Separation of Church and State; American Baptist Churches In the U.S.A.; Robert C. Campbell, Individually and as General Secretary of the American Baptist Churches in the U.S.A.; American Council of Christian Churches of California; Edgar R. Koons, Individually and as President of the American Council of Christian Churches of California; American Humanist Association; Frederick Edwards, Individually and as Executive Director of the American Humanist Association; Church of the Brethren; Robert W. Neff, Individually and as General Secretary of the Church of the Brethren; Council on Religious and Civil Liberty; Institute of Women Today; the National Association of Evangelicals; Billy A. Melvin, Individually and as Executive Director of the National Association of Evangelicals; National Association of Laity; Joseph T Skehan, Individually and as President of the National Association of Laity; National Council of the Churches of Christ In the U.S.A.; Bishop Philip Cousin, Individually and as President of the National Council of the Churches of Christ in the U.S.A.; the National Coalition of American Nuns; Ohio Association For Public Education and Religious Liberty; G. Weir Hartman, Individually and as Executive Director of Ohio Association for Public Education and Religious Liberty; Presbyterian Church (U.S.A.); Progressive National Baptist Convention, Inc.; C.J. Malloy, Jr., Individually and as General Secretary of the Progressive National Baptist Convention, Inc.; Unitarian Universalist Association; Unitarian Universalists For Religious Freedom; Ken Gjemre, Individually and as Chair of Unitarian Unitarian Universalists for Religious Freedom; High Woods Reformed Church; Right Rev. H. Coleman McGehee, Jr.; James Mankin; Gary M. Beauchamp; Gaston D. Cogdell; P.D. Wilmeth; J.P. Sanders; James J. Brown; W.L. Lumpkin; Robert D. Hughes; Robert A. Parker; Alton H. McEachern; E. Mallary Binns; James A. Langley; Malcom G. Lunceford; Charles H. Ashcraft; Rudy A. Pulido; C. Welton Gaddy; Ira H. Peak, Jr.; James Leo Garrett, Jr.; Paul Griffin Jones, II; Leon Hyatt, Jr.; Phil Dowell Strickland; Rabbi Balfour Brickner; Larry L. Lewis; Bernard F. Didier; James P. Archibald; William V. Wiist; R. Lee Kretz; Mitchell A. Tyner; Willis Adams; Edwin E.G. Shafer; Gordon W. Zutz; Edd Doerr; David D. Van Strien; Theodore A. Webb; James F. Hornback; David M. Howard; L.J. Peterson; Ronald B. Flowers; Norman J. Bauer; Fred Schwengel; Glen A. Holman; Augusta P. Finkelstein; Carolyn E. Morgan; Mary Lee S. O'Neal; Mary Beth Beck; Walter B. Pontynen, Jr.; James C. Weydert; Lynn L. Weydert; Mickie L. Weydert; Bernice G. George; Barbara Moon; Wilbur F. Hermance; Florida S. Eschenbach; Jewel E. Morrison; Stewart M.L. Pollard; Wendell Phillips Berwick; C.R. Caley; Charles H. Sumner; Lea W. Clayton, Jr.; Albert R. Dilley; Francis W. Hensley; Robert R. Tilitz; Mario Cuniberti; James T. McCollum; W.B. Tichenor; Carolina C. Capistrano; Alvin W. Stuart; John V. Stevens, Sr.; Harry F. Michaels; Baptist General Association of Virginia; Adventist Laymen's Foundation of Arkansas; Adventist Laymens' Foundation of Mississippi, Appellants, v. Ronald W. REAGAN, As President of the United States of America; United States of America; George P. Shultz, As Secretary of State; Department of State; James A. Baker, As Secretary of the Treasury; Department of the Treasury; and William A. Wilson, as the United States Ambassador to the Holy See.

United States Court of Appeals, Third Circuit.

Decided March 21, 1986.

Rehearing and Rehearing Denied April 25, 1986.


Attorney(s) appearing for the Case

Lee Boothby (argued), Berrien Springs, Mich., Earl W. Trent, Jr., American Baptist Churches in the U.S.A., Valley Forge, Pa., for appellants; Walter E. Carson, Forest Montgomery, Washington, D.C., of counsel.

Richard K. Willard, Acting Asst. Atty. Gen., Edward S.G. Dennis, Jr., U.S. Atty., Leonard Schaitman, Paul Blankenstein, Nicholas S. Zeppos, James M. Spears (argued), Attys., Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., for appellees.

Before SEITZ and GIBBONS, Circuit Judges and GERRY, District Judge.


Rehearing and Rehearing En Banc Denied April 25, 1986.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Americans United for Separation of Church and State and others appeal from a judgment dismissing their amended complaint against the President of the United States, the Secretary of the Treasury, and the United States Ambassador to the Vatican. The complaint sought declarations (1) that congressional actions consenting to the appointment of and funding...

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