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BOLDEN-HARDGE v. OFFICE OF CAL. STATE CONTROLLER

No. 21-15660.

63 F.4th 1215 (2023)

Brianna BOLDEN-HARDGE, Plaintiff-Appellant, v. OFFICE OF the CALIFORNIA STATE CONTROLLER; Malia M. Cohen, in her official capacity as California State Controller, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 3, 2023.

Attorney(s) appearing for the Case

James A. Sonne (argued) and Zeba A. Huq , Stanford Law School Religious Liberty Clinic, Stanford, California; Wendy E. Musell , Law Offices of Wendy Musell, Oakland, California; Joshua C. McDaniel , Harvard Law School Religious Freedom Clinic, Cambridge, Massachusetts; for Plaintiff-Appellant.

Kelsey Linnett (argued), Supervising Deputy Attorney; Christopher D. Beatty , Deputy Attorney General; Chris A. Knudsen , Senior Assistant Attorney General; Rob Bonta , Attorney General of California; Office of the California Attorney General; Oakland, California; for Defendants-Appellees.

Eugene Volokh ; Aris Prince and Anastasia Thatcher , Certified Law Students; UCLA School of Law First Amendment Clinic; Los Angeles, California; for Amici Curiae Professors Daniel Conkle, Richard Garnett, Douglas Laycock, Michael McConnell, Gregory Sisk, and Nelson Tebbe.

Before: Mary M. Schroeder, Susan P. Graber, and Michelle T. Friedland, Circuit Judges.

OPINION

Brianna Bolden-Hardge challenges a state employer's refusal to allow a religious addendum to the public-employee loyalty oath set forth in the California Constitution. We reverse the district court's dismissal of her Complaint. Bolden-Hardge has stated claims under Title VII and the California Fair Employment...

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