Kevin THOMAS and Joyce Baker, Plaintiffs-Appellees,
v.
ANCHORAGE EQUAL RIGHTS COMMISSION and the Municipality of Anchorage, Defendants-Appellants,
v.
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,
v.
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.
Opinion Filed January 14, 1999.
Rehearing Granted and Opinion Withdrawn October 19, 1999.
Argued and Submitted March 23, 2000.
Opinion Filed August 4, 2000.
Attorney(s) appearing for the Case
Cliff J. Groh, Municipal Attorney's Office, Anchorage, Alaska, for appellants Anchorage Equal Rights Commission and Municipality of Anchorage.
Joanne M. Grace, Robert A. Royce, Office of the Attorney General, Anchorage, Alaska, for appellant Paula M. Haley, Executive Director of the Alaska State Commission for Human Rights.
Kevin G. Clarkson, Brena, Bell & Clarkson, P.C., Anchorage, Alaska, for the appellees.
Caroline M. Brown, Covington & Burling, Washington, DC; John P. Relman, Washington Lawyer's Committee, for Civil Rights & Urban Affairs, Washington, DC, for amicus curiae the National Fair Housing Alliance.
Steven T. McFarland, Center for Law & Religious Freedom, Annandale, Virginia, for amici curiae 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.
Mark H. Wittow, Preston, Gates & Ellis, Anchorage, Alaska, for amicus curiae Alaska Civil Liberties Union.
Clyde J. Wadsworth, Heller Ehrman White & McAuliffe, San Francisco, California, for amicus curiae Lambda Legal Defense and Education Fund.
Michael P. Seng, Chicago, Illinois, for amicus curiae John Marshall Law School Fair Housing Legal Clinic.
Robert J. Barth, Oak Brook, Illinois, for amicus curiae Institute in Basic Life Principles.
Sevilla C.P. Claydon, Seattle, Washington, for amici curiae the Northwest Women's Law Center, American Muslim Council, California Women's Law Center, Connecticut Women's Education and Legal Fund, the Feminist Majority Foundation, National Center for Lesbian Rights, National Council of Jewish Women, Women's Law Center of Maryland.
David K. Flynn, Department of Justice, Washington, DC, for amicus curiae United States.
Timothy Dowling, Washington, DC, for amicus curiae Community Rights Counsel.
Kathleen W. Mikkelson, Deputy Attorney General, Oakland, California, for amicus curiae State of California.
David P. Enzminger, O'Melveny & Myers LLP, Los Angeles, California, for the Anti-Defamation League of B'nai B'rith.
Eric Grant, Sacramento, California, for amicus curiae Pacific Legal Foundation.
Before: HUG, Chief Judge, BROWNING, PREGERSON, O'SCANNLAIN, FERNANDEZ, RYMER, KLEINFELD, TASHIMA, GRABER, McKEOWN, and W. FLETCHER, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Rehearing En Banc Granted and Opinion Withdrawn October 19, 1999.
En Banc Opinion Filed August 4, 2000.
Opinion by Judge McKEOWN; Concurrence by Judge O'SCANNLAIN; Dissent by Judge KLEINFELD.
McKEOWN, Circuit Judge:
This is a case in search of a controversy. Several landlords mount a First Amendment free exercise of religion and free speech challenge to the Alaska housing laws prohibiting discrimination on the basis of marital status. We do...
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