PRESBYTERY OF N.J. OF ORTH. PRES. CHURCH v. WHITMAN

No. 95-5706.

99 F.3d 101 (1996)

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. Christine Todd WHITMAN, Governor of New Jersey, in her official capacity; Peter Verniero, 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.

United States Court of Appeals, Third Circuit.

Decided October 25, 1996.


Attorney(s) appearing for the Case

Thomas S. Neuberger (argued) Wilmington, DE, James J. Knicely, Knicely & Cotorceanu, Williamsburg, VA, for Appellants.

William H. Lorentz (argued) Charles S. Cohen, Office of Attorney General of New Jersey, Newark, NJ, for State Appellees.

Louis A. Petroni, Montgomery, McCracken, Walker & Rhoads, Cherry Hill, NJ, for Religiously Affiliated Amici-Appellees.

Before: BECKER, NYGAARD and LEWIS, Circuit Judges.


OPINION OF THE COURT

NYGAARD, Circuit Judge.

The Presbytery of New Jersey of the Orthodox Presbyterian Church, Calvary Orthodox Presbyterian Church of Wildwood, and the Reverend David B. Cummings filed suit challenging the sexual orientation provisions of the New Jersey Law Against Discrimination. The district court dismissed their facial First Amendment challenge and abstained from deciding their "as applied" challenge. For reasons somewhat different from...

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