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GAY LESBIAN BISEXUAL ALLIANCE v. SESSIONS

Civ. A. No. 93-T-1178-N.

917 F.Supp. 1548 (1996)

GAY LESBIAN BISEXUAL ALLIANCE, Plaintiff, v. Jeff SESSIONS, in his official capacity as Attorney General of the State of Alabama, et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

January 29, 1996.

Attorney(s) appearing for the Case

Fern Singer, Sirote & Permutt, Birmingham, AL, Ruth E. Harlow, William B. Rubenstein, American Civil Liberties Union, New York City, for plaintiff.

Howard Allyn Mandell, Montgomery, AL, Angela C. Turner, Office of the Attorney General, Montgomery, AL, George E. Jones, III, McPhillips, Shinbaum & Gill, Montgomery, AL, for defendant Jimmy Evans.

John Fairley McDonald, III, George Walton Walker, III, Copeland, Franco, Screws & Gill, P.A., Montgomery, AL, for defendants Frederick P. Whiddon and Dale T. Adams.

MEMORANDUM OPINION

MYRON H. THOMPSON, Chief Judge.

The Alabama public funds and facilities statute, § 16-1-28 of the Alabama Code 1975 (Michie 1995), as summarized in its preamble, "prohibit[s] any college or university from spending public funds or using facilities, directly or indirectly, to sanction, recognize or support any group that promotes a lifestyle or actions prohibited by the sodomy and sexual misconduct laws" and "prohibit[s] any...

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