PRESBYTERY OF N.J. OF ORTHODOX CHURCH v. FLORIO

No. 93-5559.

40 F.3d 1454 (1994)

The PRESBYTERY OF NEW JERSEY OF the ORTHODOX PRESBYTERIAN CHURCH, a New Jersey corporation; Calvary Orthodox Presbyterian Church of Wildwood, a New Jersey corporation; Rev. David B. Cummings, Appellants, v. James FLORIO, Governor of New Jersey, in his official capacity; Robert J. Del Tufo, Attorney General of New Jersey, in his official capacity; Marilyn Flanzbaum; Roman Angel; Betty Carson; Olga L. Vazquez-Clough; Felton Lingo, Sr.; Reinhold W. Smyczek; Casey Tam, all in their official capacities as members of The Division on Civil Rights; C. Gregory Stewart, in his official capacity as executive of The Division on Civil Rights; John Doe(s); Jane Doe(s), addresses unknown, the last two being fictitious names, the real names of said defendants being presently unknown or known only in part to plaintiffs, said fictitious names being intended to designate organizations, persons and others acting in concert with any of the defendants who engage in, are engaged in, or who intend to engage in, the conduct of defendants complained of herein, or who would have the right to file or seek enforcement of administrative, equitable or legal complaints or suits or to assert any other legal claims or remedies or enforcement thereof against the plaintiffs under the New Jersey Law Against Discrimination, as amended by the 1992 affectional and sexual orientation amendments, and all others similarly situated, Appellees.

United States Court of Appeals, Third Circuit.

Decided November 16, 1994.

Sur Petition for Rehearing December 13, 1994.


Attorney(s) appearing for the Case

Thomas Stephen Neuberger (argued), Wilmington, DE, and James J. Knicely, Knicely & Cotorceanu, Williamsburg, VA, cooperating attorneys for the Rutherford Institute, for appellants.

Fred Devesa, Acting Atty. Gen. of N.J., Andrea M. Silkowitz, Asst. Atty. Gen., William H. Lorentz (argued), Deputy Atty. Gen., Charles S. Cohen, Deputy Atty. Gen., Office of Atty. Gen. of N.J., Newark, NJ, for appellees.

David L. Grove, Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, and Richard S. Hyland, Louis A. Petroni, Montgomery, McCracken, Walker & Rhoads, Cherry Hill, NJ, and Eric J. Graninger, Presbyterian Church (U.S.A.), Associate Gen. Counsel, Louisville, KY, for amici curiae James E. Andrews, as Stated Clerk of the Presbyterian Church (U.S.A.) Gen. Assembly, The Diocesan Council of the Episcopal Diocese of Newark, John S. Spong, Bishop of the Episcopal Diocese of Newark, The Lutheran Office of Governmental Ministry in N.J., The New Jersey-West Hudson Valley Council of the Union of American Hebrew Congregations, N.J. Synod Council of the N.J. Synod, Evangelical Lutheran Church in America, N.J. Council of Churches, United Church of Christ Office for Church in Society.

Lewis H. Robertson, Evans, Osborne & Kreizman, Red Bank, NJ, for amicus curiae A.C.L.U. N.J.

Before HUTCHINSON, ROTH and ROSENN, Circuit Judges.


OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Appellants, the Presbytery of New Jersey of the Orthodox Presbyterian Church ("Presbytery"), the Calvary Orthodox Presbyterian Church of Wildwood ("Calvary") and Reverend David B. Cummings ("Cummings"), a clergyman of the Orthodox Presbyterian denomination (collectively "plaintiffs"), appeal an order of the district court dismissing their complaint.

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