COLUMBIA UNION COLLEGE, Plaintiff-Appellant,
v.
Edward O. CLARKE, Jr., in his official capacity as member of the Maryland Higher Education Commission; J. Glenn Beall, Jr., Honorable, in his official capacity as a member of the Maryland Higher Education Commission; Dorothy Dixon Chaney, in her official capacity as a member of the Maryland Higher Education Commission; Donna H. Cunninghame, in her official capacity as a member of the Maryland Higher Education Commission; John J. Green, in his official capacity and as a member of the Maryland Higher Education Commission; Jamie Kendrick, in his official capacity and as a member of the Maryland Higher Education Commission; Terry L. Lierman, in his official capacity and as a member of the Maryland Higher Education Commission; Osborne A. Payne, in his official capacity and as a member of the Maryland Higher Education Commission; R. Kathleen Perini; Charles B. Saunders, Jr., in his official capacity and as a member of the Maryland Higher Education Commission; Richard P. Street, Jr., in his official capacity and as a member of the Maryland Higher Education Commission; Albert Nathaniel Whiting, in his official capacity and as a member of the Maryland Higher Education Commission, Defendants-Appellees.
Christian Legal Society; The Coalition for Christian Colleges & Universities; Union of Orthodox Jewish Congregation of America; The American Jewish Congress; American Civil Liberties Union Foundation of Maryland; Americans United for Separation of Church and State; The Ant-Defamation League, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued June 3, 1998.
Decided October 26, 1998.
Attorney(s) appearing for the Case
ARGUED: R. Hewitt Pate, Hunton & Williams, Richmond, Virginia, for Appellant. Mark Jason Davis, Assistant Attorney General, Baltimore, Maryland, for Appellees. ON BRIEF: Sarah C. Johnson, Hunton & Williams, Richmond, Virginia; Mark B. Bierbower, Hunton & Williams, Washington, D.C.; Michael P. McDonald, Michael E. Rosman, Michael J. Troy, Center for Individual Rights, Washington, D.C.; Professor Michael W. McConnell, Salt Lake City, Utah, for Appellant. J. Joseph Curran, Jr., Attorney General of Maryland, Baltimore, Maryland, for Appellees. Steven T. McFarland, Kimberlee W. Colby, Center for Law and Religious Freedom, Christian Legal Society, Annandale, Virginia; Nathan J. Diament, Institute for Public Affairs, The Union of Orthodox Jewish Congregations of America, New York, New York; Carl H. Esbeck, Columbia, Missouri, for Amici Curiae Christian Legal Society, et al. Mark D. Stern, American Jewish Congress, New York, New York, for Amicus Curiae Congress. Stuart H. Newberger, Jeffrey E. Greene, Crowell & Moring, L.L.P., Washington, D.C.; Dwight Sullivan, American Civil Liberties Union Foundation of Maryland, Baltimore, Maryland, for Amicus Curiae Foundation. Steven K. Green, Americans United for Separation of Church and State, Washington, D.C.; Steven Arent, Steven M. Freeman, David Rosenberg, Anti-defamation League, New York, New York, for Amici Curiae Americans United, et al.
Before WILKINSON, Chief Judge, MOTZ, Circuit Judge, and BUTZNER, Senior Circuit Judge.
United States Court of Appeals, Fourth Circuit.
Vacated and remanded by published opinion. Judge DIANA GRIBBON MOTZ wrote the majority opinion, in which Senior Judge BUTZNER joined. Chief Judge WILKINSON wrote a dissenting opinion.
OPINION
DIANA GRIBBON MOTZ, Circuit Judge:
Columbia Union College, a four-year private liberal arts college affiliated with the Seventh Day Adventist Church, brought this action against the Maryland Higher Education Commission. Columbia Union alleged that the Commission...
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