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ANSLEY v. WARREN

No. 16-2082.

861 F.3d 512 (2017)

Kay Diane ANSLEY; Catherine McGaughey; Carol Ann Person; Thomas Roger Person; Kelley Penn; Sonja Goodman, Plaintiffs-Appellants, v. Marion WARREN, in his Official Capacity as Director of the North Carolina Administrative Office of the Courts, Defendant-Appellee. North Carolina Values Coalition; Thomas More Law Center; Brenda Bumgarner; Christian Legal Society; National Association of Evangelicals, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 28, 2017.

Attorney(s) appearing for the Case

ARGUED: S. Luke Largess , TIN FULTON WALKER & OWEN, PLLC, Charlotte, North Carolina, for Appellants. Olga Eugenia Vysotskaya de Brito , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. ON BRIEF: Jacob H. Sussman , John W. Gresham , Cheyenne N. Chambers , TIN FULTON WALKER & OWEN, PLLC, Charlotte, North Carolina; Meghann K. Burke , BRAZIL & BURKE, P.A., Asheville, North Carolina; Crystal M. Richardson , LAW OFFICE OF CRYSTAL M. RICHARDSON, Charlotte, North Carolina, for Appellants. Josh Stein , North Carolina Attorney General, Amar Majmundar , Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. Deborah J. Dewart , Swansboro, North Carolina, for Amicus North Carolina Values Coalition. Richard Thompson , Kate Oliveri , THOMAS MORE LAW CENTER, Ann Arbor, Michigan; B. Tyler Brooks , MILLBERG GORDON STEWART PLLC, Raleigh, North Carolina, for Amicus Thomas More Law Center. Mary E. McAlister , Lynchburg, Virginia, Mathew D. Staver , Anita L. Staver , Horatio G. Mihet , LIBERTY COUNSEL, Orlando, Florida, for Amicus Brenda Bumgarner. Kimberlee Wood Colby , CENTER FOR LAW & RELIGIOUS FREEDOM, Springfield, Virginia, for Amici Christian Legal Society and National Association of Evangelicals.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Keenan and Judge Thacker joined.

Three couples assert that North Carolina's Senate Bill 2 ("S.B. 2"), which allows state magistrates to recuse themselves from performing marriages on account of a religious objection, violates the Establishment Clause. But the plaintiffs, all of whom are either married or engaged...

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