NEW HOPE FAMILY SERVICES, INC. v. POOLE

No. 19-1715-cv August Term 2019.

966 F.3d 145 (2020)

NEW HOPE FAMILY SERVICES, INC., Plaintiff-Appellant, v. Sheila J. POOLE, in her official capacity as Acting Commissioner for the Office of Children and Family Services for the State of New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 21, 2020.


Attorney(s) appearing for the Case

Roger G. Brooks ( Jeana J. Hallock , Alliance Defending Freedom, Scottsdale, Arizona, John J. Bursch , Alliance Defending Freedom, Washington, District of Columbia, Christopher P. Schandevel , Alliance Defending Freedom, Ashburn, Virginia, Robert E. Genant , Genant Law Office, Mexico, New York, on the brief), Alliance Defending Freedom, Scottsdale, Arizona, for Plaintiff-Appellant.

Laura Etlinger , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Andrea Oser , Deputy Solicitor General, on the brief) for Letitia James , Attorney General of the State of New York, Albany, New York, for Defendant-Appellee.

Lori H. Windham , Nicholas R. Reaves , for Amicus Curiae The Becket Fund for Religious Liberty, Washington, District of Columbia.

Gregory Dolin , University of Baltimore School of Law, Baltimore, Maryland, for Amici Curiae The Jewish Coalition for Religious Liberty, Agudath Israel of America, The Rabbinical Alliance of America, and The Coalition for Jewish Values.

Geoffrey T. Blackwell , American Atheists, Inc., Washington, District of Columbia, Monica L. Miller , American Humanist Association, Washington, District of Columbia, Nicholas J. Little , Center for Inquiry, Washington, District of Columbia, Rebecca Markert , Freedom From Religion Foundation, Madison, Wisconsin, for Amici Curiae American Atheists, Inc., American Humanist Association, Center for Inquiry, and Freedom From Religion Foundation.

Cathren Cohen , Lambda Legal Defense and Education Fund, Inc., Los Angeles, California, Currey Cook , Karen L. Loewy , Lambda Legal Defense and Education Fund, Inc., New York, New York, Richard B. Katskee , Kenneth D. Upton, Jr. , Carmen N. Green , Patrick Grubel , Americans United for Separation of Church and State, Washington, District of Columbia, for Amici Curiae Civil Rights Organizations.

Before: Cabranes, Raggi, Circuit Judges, Korman, District Judge.


An important question of law animates this case: What is the proper relationship between the First Amendment—specifically, its guarantees of free exercise of religion and free speech—and laws protecting against various forms of discrimination? The question has arisen most recently when religious organizations...

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