TEPEYAC v. MONTGOMERY COUNTY

Nos. 11-1314, 11-1336.

683 F.3d 591 (2012)

Centro TEPEYAC, Plaintiff-Appellee, v. MONTGOMERY COUNTY; Montgomery County Council, In its Capacity as the Montgomery County Board of Health, Defendants-Appellants, and Montgomery County Department of Health and Human Services; Marc Hansen, Acting County Counsel, Defendants. Centro Tepeyac, Plaintiff-Appellant, v. Montgomery County; Montgomery County Council, In its Capacity as the Montgomery County Board of Health, Defendants-Appellees, and Montgomery County Department of Health and Human Services; Marc Hansen, Acting County Counsel, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: June 27, 2012.


Attorney(s) appearing for the Case

ARGUED: Clifford Lee Royalty , County Attorney's Office, Rockville, Maryland, for Appellants/Cross-Appellees. Mark L. Rienzi , Columbus School of Law, Catholic University of America, Washington, D.C., for Appellee/Cross-Appellant. ON BRIEF: Marc P. Hansen , County Attorney, Edward B. Lattner , Chief, Division of Human Resources & Appeals, County Attorney's Office, Rockville, Maryland, for Appellants/Cross-Appellees. Steven H. Aden , Matthew S. Bowman , M. Casey Mattox , Alliance Defense Fund, Washington, D.C.; Robert Destro , Columbus School of Law, Catholic University of America, Washington, D.C.; John R. Garza , Garza, Regan & Associates, Rockville, Maryland; Robert Michael , Shadoan, Michael & Wells LLP, Rockville, Maryland, for Appellee/Cross-Appellant.

Affirmed in part and reversed in part by published opinion. Judge NIEMEYER wrote the opinion, in which Judge AGEE joined. Judge KING wrote a dissenting opinion.


OPINION

NIEMEYER, Circuit Judge:

Centro Tepeyac, a Montgomery County nonprofit corporation that provides pregnancy services but does not refer for or provide abortions, commenced this action against Montgomery County, Maryland, the Montgomery County Council, the Montgomery County Department of Health and Human Services, and Marc Hansen, the acting County Counsel (collectively, "Montgomery County" or "the County"), challenging the constitutionality of Montgomery...

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