Kevin THOMAS and Joyce Baker, Plaintiffs-Appellees,
v.
ANCHORAGE EQUAL RIGHTS COMMISSION and the Municipality of Anchorage, Defendants-Appellants, and
Paula Haley in her official capacity as the Executive Director of the Alaska State Commission for Human Rights, Defendant.
Kevin Thomas and Joyce Baker, Plaintiffs-Appellees,
v.
Anchorage Equal Rights Commission and the Municipality of Anchorage, Defendants, and
Paula Haley in her official capacity as the Executive Director of the Alaska State Commission for Human Rights, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted July 13, 1998.
Decided January 14, 1999.
Attorney(s) appearing for the Case
Cliff John Groh (argued), Assistant Municipal Attorney, Anchorage Equal Rights Commission, Anchorage, Alaska; Robert A. Royce (argued), Assistant Attorney General, Department of Law, Anchorage, Alaska, for the defendants-appellants.
Kevin G. Clarkson (argued), Brena, Bell & Clarkson, Anchorage, Alaska, for the plaintiffs-appellees.
Caroline M. Brown, Covington & Burling, Washington, D.C.; John P. Reiman, Washington Lawyer's Committee for Civil Rights & Urban Affairs, Washington, D.C., for the National Fair Housing Alliance amicus curiae.
Steven T. McFarland, Center for Law & Religious Freedom, Annandale, VA, for the Christian Legal Society, National Council of Churches, Union of Orthodox Jewish Congregations, Church of Jesus Christ of Latter-Day Saints, National Association of Evangelicals, and Ethics and Religious Liberty Commission amici curiae.
Steven K. Green, Washington, D.C., for the Americans United for Separation of Church and State amicus curiae.
Mark H. Wittow, Preston Gates & Ellis, Anchorage, AK, for the Alaska Civil liberties Union amicus curiae.
Clyde J. Wadsworth, Heller Ehrman White & McAuliffe, San Francisco, CA, for the Lambda Legal Defense and Education Fund amicus curiae.
Michael P. Seng, Chicago, IL, for the John Marshall Law School Fair Housing Legal Clinic amicus curiae.
Robert J. Barth, Oak Brook, IL, for the Institute in Basic Life Principles amicus curiae.
Before: FARRIS, O'SCANNLAIN and HAWKINS, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
O'SCANNLAIN, Circuit Judge:
We must decide whether the enforcement of Alaska housing laws prohibiting apartment owners from refusing to rent to unmarried couples infringes Christian landlords' rights under the Free Exercise Clause of the First Amendment.
I
Kevin Thomas and Joyce Baker are owners of residential rental properties in Anchorage, Alaska.1 Thomas and Baker, as it turns out, are also professed Christians who...
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