TUCKER v. FAITH BIBLE CHAPEL INTERN.

No. 20-1230.

36 F.4th 1021 (2022)

Gregory TUCKER, Plaintiff-Appellee, v. FAITH BIBLE CHAPEL INTERNATIONAL, d/b/a Faith Christian Academy, Inc., Defendant-Appellant. Eugene Volokh; Robert J. Pushaw; Richard W. Garnett; Robert Cochran; Elizabeth A. Clark; The Association of Christian Schools International; The Colorado Catholic Conference; Religious Liberty Scholars; Jewish Coalition for Religious Liberty; Professor Asma Uddin; National Women's Law Center; American Federation of State, County and Municipal Employees; American Sexual Heath Association; California Women Lawyers; DC Coalition Against Domestic Violence; Desiree Alliance; Equal Rights Advocates; Equality California; Equity Forward; Forge, Inc.; GLBTQ Legal Advocates & Defenders; Human Rights Campaign; In Our Own Voice; National Black Women's Reproductive Justice Agenda; KWH Law Center for Social Justice and Change; LatinoJustice PRLDEF; Legal Aid at Work; Legal Voice; Muslims for Progressive Values; NARAL Pro-Choice America; National Asian Pacific American Women's Forum; National Association of Social Workers; National Coalition Against Domestic Violence; National Organization for Women Foundation; New York Lawyers for the Public Interest; People for the American Way Foundation; Religious Coalition for Reproductive Choice; Reproductive Justice Action Collective; Service Employees International Union; SPARK Reproductive Justice Now!, Inc.; Ujima Inc.; The National Center on Violence Against Women in the Black Community; Women Employed; Women Lawyers on Guard Inc.; Women's Bar Association of the District of Columbia; Women's Bar Association of the States of New York; Women's Institute for Freedom of the Press; The Women's Law Center of Maryland; Woman's Law Project; WV Free, Civil Rights Education and Enforcement Center; National Employment Lawyers Association; The Employee Rights Advocacy Institute for Law & Policy, and the Institute for Constitutional Advocacy and Protection, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Filed June 7, 2022.


Attorney(s) appearing for the Case

Daniel H. Blomberg ( Daniel D. Benson and Christopher Mills , The Becket Fund for Religious Liberty, Washington, D.C., and Christopher J. Conant and Robert W. Hatch , Hatch Ray Olsen Conant LLC, Denver, Colorado, with him on the briefs), The Becket Fund for Religious Liberty, Washington, D.C. for Defendant-Appellant.

Bradley Girard ( Richard B. Katskee , Americans United for Separation of Church and State, and Bradley A. Levin , Jeremy A. Sitcoff , and Peter G. Friesen , Levin Sitcoff, PC, Denver, CO, with him on the brief), Americans United for Separation of Church and State, Washington, D.C., for Plaintiff-Appellee.

Before BACHARACH, EBEL, and McHUGH, Circuit Judges.


This appeal presents a single jurisdictional issue: Whether Appellant Faith Bible Chapel International can bring an immediate appeal under the collateral order doctrine challenging the district court's interlocutory decision to deny Faith summary judgment on its affirmative "ministerial...

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