LUTHERAN CHURCH-MISSOURI SYNOD v. F.C.C.

No. 97-1116.

141 F.3d 344 (1998)

LUTHERAN CHURCH-MISSOURI SYNOD, Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Appellee Missouri State Conference of Branches of the NAACP, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided April 14, 1998.


Attorney(s) appearing for the Case

Barry H. Gottfried argued the cause for appellant, with whom Richard R. Zaragoza, Kathryn R. Schmeltzer, and Gene C. Schaerr were on the briefs.

Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, argued the cause for appellee, with whom Christopher J. Wright, General Counsel, C. Grey Pash, Jr., and David Silberman, Counsel, were on the brief. Robert B. Nicholson, Attorney, United States Department of Justice, entered an appearance.

David E. Honig was on the brief for intervenors Missouri State Conference of Branches of the NAACP, et al.

Lisa Wilson Edwards, Attorney, United States Department of Justice, was on the brief for the United States as amicus curiae.

Michael E. Rosman was on the brief for amici curiae Center for Individual Rights and National Religious Broadcasters. Michael P. McDonald, Daniel E. Troy, and Lawrence W. Secrest, III entered appearances.

Jay A. Sekulow, Mark N. Troobnick, and Colby M. May were on the brief for amicus curiae American Center for Law and Justice.

Before: SILBERMAN, WILLIAMS, and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Lutheran Church-Missouri Synod appeals the Federal Communication Commission's finding that it transgressed equal employment opportunity regulations through the use of religious hiring preferences and inadequate minority recruiting. The Church argues that the Commission has violated both its religious freedoms and the equal protection...

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