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GAY LESBIAN BISEXUAL ALLIANCE v. PRYOR

No. 96-6143.

110 F.3d 1543 (1997)

GAY LESBIAN BISEXUAL ALLIANCE, Plaintiff-Appellee, v. Bill PRYOR in his official capacity as Attorney General, of the State of Alabama, Defendant-Appellant, Frederick P. Whiddon, in his official capacity as President of the University of South Alabama; Dale T. Adams, in his official capacity as Dean of Students of the University of South Alabama, Defendants.

United States Court of Appeals, Eleventh Circuit.

April 29, 1997.

Attorney(s) appearing for the Case

Thomas F. Parker, IV, Deputy Attorney General, Office of the Attorney General, Criminal Appeals Division, Montgomery, AL, for defendant-appellant.

Fern Singer, Watterson and Singer, Birmingham, AL, Ruth E. Harlow, Marc E. Elovitz, Matthew Coles, American Civil Liberties Union Foundation, New York City, for plaintiff-appellee.

Before DUBINA and BLACK, Circuit Judges, and O'KELLEY, Senior District Judge.

DUBINA, Circuit Judge:

Appellant Attorney General Bill Pryor1 ("the Attorney General") appeals the district court's judgment that ALA.CODE, § 16-1-28, (1995), violates the First Amendment to the United States Constitution both facially and as applied to Appellee Gay and Lesbian Bisexual Alliance ("GLBA"). Gay Lesbian Bisexual Alliance v. Sessions, 917 F.Supp. 1548 (M.D.Ala.1996). Based...

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