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SKYLINE WESLEYAN v. CA DEPT., MANAGED HEALTH CARE

No. 18-55451.

968 F.3d 738 (2020)

SKYLINE WESLEYAN CHURCH, Plaintiff-Appellant, v. CALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE; Michelle Rouillard, in her official capacity as Director of the California Department of Managed Health Care, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 13, 2020.

Amended July 21, 2020.

Attorney(s) appearing for the Case

Jeremiah J. Galus (argued), Kristen K. Waggoner , and Erik W. Stanley , Alliance Defending Freedom, Scottsdale, Arizona; John J. Bursch , David A. Cortman , and Christiana Holcomb , Alliance Defending Freedom, Washington, D.C.; Charles S. LiMandri , Freedom of Conscience Defense Fund, Rancho Santa Fe, California; for Plaintiff-Appellant.

Karli Eisenberg (argued), Deputy Attorney General; Niromi W. Pfeiffer , Supervising Deputy Attorney General; Julie Weng-Gutierrez and Cheryl L. Feiner , Senior Assistant Attorneys General; Xavier Becerra , Attorney General; Office of the Attorney General, Sacramento, California; for Defendants-Appellees.

Tyler R. Andrews , San Clemente, California, for Amici Curiae The Jewish Coalition for Religious Liberty and The Ethics & Religious Liberty Commission.

Before: Mary M. Schroeder and Michelle T. Friedland, Circuit Judges, and Lee H. Rosenthal, District Judge.

ORDER AND AMENDED OPINION

ORDER

Appellees' Petition for Panel Rehearing is GRANTED IN PART. The opinion filed on May 13, 2020, reported at 959 F.3d 341, is amended as follows.

On page 352, replace <applied to Skyline> with <applied to prevent approval of a health plan for Skyline that comports with Skyline's religious beliefs>.

On page 353, replace <an order requiring the DMHC to exempt Skyline from the Coverage...

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