COLUMBIA UNION COLLEGE, Plaintiff-Appellee,
v.
John J. OLIVER, Jr., Chairman, Maryland Higher Education Commission; Edward O. Clarke, Jr., in his official capacity as a member of the Maryland Higher Education Commission; Dorothy Dixon Chaney, in her official capacity as a member of the Maryland Higher Education Commission; John J. Green, in his official capacity and as a member of the Maryland Higher Education Commission; Terry L. Lierman, in his official capacity and as a member of the Maryland Higher Education Commission; R. Kathleen Perini; Charles B. Saunders, Jr., in his official capacity and as a member of the Maryland Higher Education Commission; Richard P. Street, Jr., in his official capacity and as a member of the Maryland Higher Education Commission; Stephen A. Burch; Anne Osborn Emery; Donald J. Slowinski, Defendants-Appellants, and
J. Glenn Beall, Jr., Honorable, in his official capacity as a member of the Maryland Higher Education Commission; Donna H. Cunninghame, in her official capacity as a member of the Maryland Higher Education Commission; Jamie Kendrick, in his official capacity and as a member of the Maryland Higher Education Commission; Osborne A. Payne, in his official capacity and as a member of the Maryland Higher Education Commission; Maryland Higher Education Commission; Maryland Board of Public Works; J. Joseph Curran, Jr., in his official capacity as Attorney General of Maryland; Albert Nathaniel Whiting, in his official capacity and as a member of the Maryland Higher Education Commission; William F. Howard, in his official capacity as Assistant Attorney General of Maryland; Terra N. Smith; Constance Cornell; Paul D. Ellis, Defendants.
The American Association of University Professors; American United for Separation of church and State; The Anti-defamation League; American Civil Liberties Union Foundation of Maryland; American Civil Liberties Union of the National Capital Area; Council of Religious Freedom; Seventh-Day Adventist Church State Council; Northwest Religious Liberty Association; Interfaith Religious Liberty Foundation; Christian Legal Society; Union of Orthodox Jewish Congregation of America; Council for Christian Colleges and Universities; Association of Catholic Colleges and Universities; American Association of Presidents of Independent Colleges and Universities, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: May 7, 2001.
Decided: June 26, 2001.
Attorney(s) appearing for the Case
ARGUED: Andrew Howard Baida, Assistant Attorney General, Baltimore, MD, for Appellants. R. Hewitt Pate, Hunton & Williams, Richmond, VA, for Appellee. ON BRIEF: J. Joseph Curran, Jr., Attorney General of Maryland, Mark J. Davis, Assistant Attorney General, Baltimore, MD; Pace J. McConkie, Assistant Attorney General, Annapolis, MD, for Appellants. Geremy C. Kamens, Hunton & Williams, Richmond, VA; Mark B. Bierbower, Hunton & Williams; Washington, D.C.; Michael P. McDonald, Michael E. Rosman, Center For Individual Rights, Washington, DC; Professor Michael W. McConnell, Salt Lake City, Utah, for Appellee. Ann D. Springer, Donna R. Euben, American Association of University Professors, Washington, DC; Professor David M. Rabban, University of Texas School of Law, Austin, TX, for Amicus Curiae AAUP. Steven K. Green, Americans United for Separation of Church and State, Washington, DC; Martin E. Karlinsky, Elizabeth J. Coleman, Steven M. Freeman, Antidefamation League, New York, NY, for Amici Curiae Americans United, et al. Stuart H. Newberger, Jeffrey E. Greene, Amy E. Laderberg, Crowell & Moring, L.L.P.; Washington, D.C.; Dwight Sullivan, American Civil Liberties Union Foundation of Maryland, Baltimore, MD; Arthur B. Spitzer, American Civil Liberties Union of the National Capital Area, Washington, D.C., for Amici Curiae Foundation, et al. Lee Boothby, Boothby & Yingst, Washington, DC, for Amici Curiae Council for Religious Freedom, et al. Carl H. Esbeck, Gregory S. Baylor, Center for Law and Religious Freedom, Christian Legal Society, Annandale, VA, for Amici Curiae Society, et al.
Before WILKINSON, Chief Judge, and WILLIAMS and DIANA GRIBBON MOTZ, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WILLIAMS joined. Judge MOTZ wrote an opinion concurring in the judgment.
OPINION
WILKINSON, Chief Judge:
We must decide whether Columbia Union College, an institution of higher education affiliated with the Seventh-day Adventist Church, may receive a grant from the State of Maryland's Sellinger Program. The parties do not dispute that Columbia Union satisfies each...
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