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HEALTH SERVICES v. TEMPLE BAPTIST CHURCH

No. 10536.

814 P.2d 130 (1991)

112 N.M. 262

HEALTH SERVICES DIVISION, HEALTH AND ENVIRONMENT DEPARTMENT OF the STATE OF NEW MEXICO, Plaintiff-Appellee, v. TEMPLE BAPTIST CHURCH, Bill Whitehead, Pastor, Charles Shaw, Principal, and Temple Christian School, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied June 20, 1991.

Attorney(s) appearing for the Case

Jerry Dickinson, Sp. Asst. Atty. Gen., Health & Environment Dept., Santa Fe, for plaintiff-appellee.

Charles E. Craze, Robin S. Hom, and Zachary S. Gray, Gibbs & Craze Co., L.P.A., Cleveland, Ohio, and Sumner S. Koch, White, Koch, Kelly & McCarthy, P.A., Santa Fe, for defendants-appellants.

OPINION

CHAVEZ, Judge.

Temple Baptist Church, its pastor, child care center, and the center's principal ("the church") appeal a district court's order granting judgment to the Health Services Division of the Health and Environment Department ("the division"). The judgment enjoined the church from operating its child care center without a license. The church claims the division's rules infringe on free exercise of religion by prohibiting the church from spanking...

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