GLENN v. HOLDER

No. 10-2273.

690 F.3d 417 (2012)

Gary GLENN; Pastor Levon Yuille; Pastor René B. Ouellette; Pastor James Combs, Plaintiffs-Appellants, v. Eric H. HOLDER, Jr., in his official capacity as Attorney General of the United States, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 2, 2012.


Attorney(s) appearing for the Case

ARGUED: Robert Joseph Muise , Thomas More Law Center, Ann Arbor, Michigan, for Appellants. Linda F. Thome, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Robert Joseph Muise , Thomas More Law Center, Ann Arbor, Michigan, for Appellants. Linda F. Thome , Jessica Dunsay Silver , United States Department of Justice, Washington, D.C., Judith E. Levy , United States Attorney's Office, Detroit, Michigan, for Appellee.

GWIN, D.J., delivered the opinion of the court, in which KETHLEDGE, J., joined. STRANCH, J. (pp. 424-27), delivered a separate concurring opinion.


OPINION

JAMES S. GWIN, District Judge.

Plaintiffs appeal the district court's decision that they do not have standing to challenge the constitutionality of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act ("Act" or "Hate Crimes Act"). That Act makes it a crime to batter a person because of the person's religion, national origin, gender, sexual orientation, gender identity, or disability. Generally, Plaintiffs say that the expression and...

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