John DOE; Mary Doe, Appellants,
v.
COUNTY OF CENTRE, PA; Children & Youth Services of Centre County; Board of Commissioners of the County of Centre; Terry Watson, individually and in his official capacity as the Director of Centre County Office of Children and Youth Services; Carol Smith, individually and in her official capacity as the Assistant Director Administrator of the Centre County Office of Children and Youth Services; Lisa Rice, individually and in her official capacity as a Foster Home Specialist of the Centre County Office of Children and Youth Services.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued: on September 27, 2000.
Opinion Filed: March 5, 2001.
Attorney(s) appearing for the Case
Mathew M. Gutt (argued), Carl G. Roberts, Ballard Spahr Andrews & Ingersoll, LLP, 1735 Market Street, 51st Floor Philadelphia, Pennsylvania 19103-7599, Stefan Presser, Scott Burris, American Civil Liberties Union of Pennsylvania, 125 So. 9th Street, Suit 701 Philadelphia, Pennsylvania 19107, Attorneys for Appellants.
Catherine Hanssens, Colleen Sullivan, Lambda Legal Defense and Education Fund, Inc., 120 Wall Street, Suite 1500, New York, New York 10005-3904, Attorneys for American Public Health Association, AIDS Alliance for Children, Youth, and Families, AIDS Law Project of Pennsylvania, Alliance for Children's Rights, Lambda Legal Defense and Education Fund, Inc., The Juvenile Law Center, Lawyers for Children, Inc., Legal Aid for Children/Pittsburgh, The Legal Aid Society of New York/Juvenile Rights Division, The National Alliance of State and Territorial AIDS Directors, National Center for Youth Law, The Support Center for Child Advocates, The Youth Law Center, and The Association of Maternal and Child Health Programs, as Amici Curiae on behalf of Appellants.
Gerard J. Geiger (argued), Newman, Williams, Mishkin, Corveleyn, Wolfe & Fareri, P.C., 721 Monroe Street Stroudsburg, Pennsylvania 18360, Attorney for Appellees.
Anthony T. McBeth (argued), Law Offices of Anthony T. McBeth, 407 North Front Street, First Floor Harrisburg, Pennsylvania 17101, Attorney for The County Commissioners Association of Pennsylvania, as Amicus Curiae on behalf of Appellees.
Robert L. Knupp, Knupp, Kodak & Imblum, P.C., P.O. Box 11848, Harrisburg, Pennsylvania 17101-1848, Attorney for The County Commissioners Association of Pennsylvania, as Amicus Curiae on behalf of Appellees.
BEFORE: MANSMANN, ALITO, and FUENTES, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
FUENTES, Circuit Judge:
The primary issue raised by this appeal is whether Centre County violated the appellants' civil rights by excluding them from participation in the County's foster care program because their son has HIV and AIDS, and because of their race. This case began when appellants John and Mary Doe, an interracial couple with an HIV-positive son named Adam,
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