TUCKER v. FAITH BIBLE CHAPEL INTERNATIONAL

No. 20-1230.

53 F.4th 620 (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 Health 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; Benedictine College, Inc.; Thomas C. Berg; Mark E. Chopko; Christian Legal Society; Carl H. Esbeck; Douglas Laycock; the Cardinal Newman Society; the Lutheran Church-Missouri Synod; Robert W. Tuttle, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED November 15, 2022.


Attorney(s) appearing for the Case

Peter G. Friesen , Bradley A. Levin , Jeremy Sitcoff , Levin Sitcoff Waneka, Denver, CO, Bradley Girard , Gabriela Hybel , Richard Brian Katskee , Adrianne Spoto , Americans United for Separation of Church and State, Washington, DC, for Plaintiff-Appellee.

Daniel Benson , Daniel Howard Blomberg , Daniel Chen , Becket Fund for Religious Liberty, Washington, DC, Christopher J. Conant , Robert W. Hatch, II , Hatch Ray Olsen Conant, Denver, CO, for Defendant-Appellant.

Conor Brendan Dugan , Matthew T. Nelson , Warner, Norcross & Judd, Grand Rapids, MI, for Amici Curiae Eugene Volokh, Robert J. Pushaw, Richard W. Garnett, Robert Cochran, Elizabeth A. Clark.

Christian Mark Poland , Bryan Cave Leighton Paisner, Chicago, IL, for Amici Curiae the Association of Christian Schools International, the Colorado Catholic Conference, Benedictine College, Inc., Christian Legal Society, the Cardinal Newman Society, the Lutheran Church-Missouri Synod.

Michael Francisco , McGuire Woods, Washington, DC, for Amici Curiae Religious Liberty Scholars, Mark E. Chopko, Carl H. Esbeck, Robert W. Tuttle.

Russell Balikian , Anna Casey , Thomas G. Hungar , Gibson Dunn, Washington, DC, John Gibbons, Jr. , Daniel J. Hay , Paul J. Zidlicky , Sidley Austin, Washington, DC, Joshua D. Wade , McGuire Woods, Richmond, VA, for Amici Curiae Jewish Coalition for Religious Liberty, Professor Asma Uddin.

Todd Anten , Quinn Emanuel Urquhart & Sullivan, New York, NY, Sunu Chandy , Emily Martin , Laura Narefsky , National Women's Law Center, Washington, DC, Justin T. Reinheimer , Quinn Emanuel Urquhart & Sullivan, San Francisco, CA, for Amici Curiae 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, 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.

Robert Friedman , Gupta Wessler, Washington, DC, for Amici Curiae 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.

Andrew Ferguson , Gibson Dunn, Washington, DC, Thomas G. Hungar , Gibson Dunn Firm, Washington, DC, for Amici Curiae Thomas C. Berg, Douglas Laycock.

Before HARTZ, TYMKOVICH, MATHESON, BACHARACH, PHILLIPS, McHUGH, MORITZ, EID, CARSON, and ROSSMAN, Circuit Judges.


ORDER

This matter is before the court on Defendant-Appellant's Petition for Rehearing En Banc ("Petition"). We also have a response from Appellee, and a reply from Appellant.

The Petition, response, and reply were circulated to all non-recused judges of the court who are in regular active service, and a poll was called. A majority of the participating judges voted to deny the Petition. See Fed. R. App. P. 35(a). Consequently, the Petition is...

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