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PEDREIRA v. SUNRISE CHILDREN'S SERVICES, INC.

No. 14-5879.

802 F.3d 865 (2015)

Alicia M. PEDREIRA; Paul Simmons; Johanna W.H. Van Wijk-Bos; Elwood Sturtevant, Plaintiffs-Appellees, v. SUNRISE CHILDREN'S SERVICES, INC., Defendant-Appellant, J. Michael Brown, Secretary, Justice and Public Safety Cabinet; Audrey Haynes, Secretary, Cabinet for Health and Family Services, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 6, 2015.

Attorney(s) appearing for the Case

ARGUED: John O. Sheller , Stoll Keenon Ogden PLLC, Louisville, Kentucky, for Appellant. R. Stanton Jones , Arnold & Porter LLP, Washington, D.C., for Appellees. ON BRIEF: John O. Sheller , Jeffrey A. Calabrese , K. Timothy Kline , Joseph A. Bilby , Stoll Keenon Ogden PLLC, Louisville, Kentucky, Patrick T. Gillen , Ave Maria School of Law, Naples, Florida, for Appellant. R. Stanton Jones , David B. Bergman , Ian S. Hoffman , Arnold & Porter LLP, Washington, D.C., Mona S. Womack , Cabinet for Health and Family Services, Frankfort, Kentucky, Ayesha N. Khan , Alex J. Luchenitser , Americans United for Separation of Church and State, Washington, D.C., Daniel Mach , ACLU Program on Freedom of Religion and Belief, Washington, D.C., William E. Sharp , ACLU of Kentucky, Louisville, Kentucky, for Appellees.

KETHLEDGE, J., delivered the opinion of the court in which BOGGS, J., joined. BLACK, D.J., (p. 873), delivered a separate dissenting opinion.

OPINION

In 2000, several plaintiffs sued Sunrise Children's Services and Kentucky, alleging that Kentucky had violated the Establishment Clause by paying Sunrise — a religiously oriented organization — for services it provides to children in State custody. Thirteen years later, the plaintiffs and...

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