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FOX v. WASHINGTON

No. 21-1694.

71 F.4th 533 (2023)

James Harrison FOX; Scott David Perreault, Plaintiffs-Appellants, v. Heidi E. WASHINGTON, Director of the Michigan Department of Corrections (MDOC), Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 26, 2023.

Attorney(s) appearing for the Case

ARGUED: Breia Lassiter , MICHIGAN STATE UNIVERSITY, East Lansing, Michigan, for Appellants. Michael R. Dean , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee. ON BRIEF: Daniel E. Manville , MICHIGAN STATE UNIVERSITY, East Lansing, Michigan, for Appellants. Michael R. Dean, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee.

Before: SUTTON, Chief Judge; GRIFFIN and STRANCH, Circuit Judges.

OPINION

Plaintiffs are adherents to Christian Identity, a religion that is "explicitly racist." Fox v. Washington, 949 F.3d 270, 273 (6th Cir. 2020). In its view, Caucasians are "God's chosen people." Id. at 274 (internal quotation marks omitted). After the Michigan Department of Corrections refused...

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