HACK v. PRESIDENT AND FELLOWS OF YALE COLLEGE

No. 98-9136.

237 F.3d 81 (2000)

Elisha D. HACK, Jeremy A. Hershman, Batsheva Greer, and Lisa B. Friedman, Plaintiffs-Appellants, v. The PRESIDENT AND FELLOWS OF YALE COLLEGE d/b/a Yale Corporation and Yale University, Richard H. Brodhead, and Betty Trachtenberg, Defendants-Appellees, The Rutherford Institute, Amicus Curiae, The Catholic League for Religious & Civil Rights, Movant.

United States Court of Appeals, Second Circuit. August Term, 1999.

Decided: December 28, 2000.


Attorney(s) appearing for the Case

Nathan Lewin, (Richard W. Garnett IV, Miller Cassidy Larroca & Lewin LLP), Washington, DC, for Plaintiffs-Appellants.

Felix J. Springer, (Allan B. Taylor, James Sicilian, Victoria Woodin Chavey, Day Berry & Howard LLP, Dorothy Robinson, Vice President and General Counsel, Yale University, New Haven, Conn., Of Counsel), Hartford, Conn., for Defendants-Appellees.

Kenneth Lasson, Professor Law, University of Baltimore, Baltimore, Md., filed a brief for Amici Curiae Law Professors Laurence Katz, University of Baltimore School of Law, Steven H. Resnicoff, DePaul University College of Law, John W. Welch, Brigham Young University School of Law.

Thomas Marcelle, Slingerlands, N.Y. (Kimball E. Hazelwood, The Rutherford Institute, Of Counsel), filed a brief for Amicus Curiae, The Rutherford Institute.

Kevin J. Hasson, Eric W. Treene, Roman P. Storzer, filed a brief for Amicus Curiae The Becket Fund for Religious Liberty.

Before LEVAL and POOLER, Circuit Judges, and MORAN, Senior District Judge.


MORAN, Senior District Judge

Yale College (Yale) requires all unmarried freshmen and sophomores under the age of 21 to reside in college dormitories, all of which are co-educational. The plaintiffs were Yale freshmen and sophomores when they brought this suit. They represent that as devout Orthodox Jews they cannot reside in those dormitories because to do so would conflict with their religious convictions and duties. Plaintiffs contend that Yale is a state actor...

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