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PEDREIRA v. SUNRISE CHILDREN'S SERVICES, INC.

No. 21-5857.

79 F.4th 741 (2023)

Alicia M. PEDREIRA; Johanna W.H. Van Wijk-Bos; Elwood Sturtevant, Plaintiffs-Appellees, v. SUNRISE CHILDREN'S SERVICES, INC., fka Kentucky Baptist Homes for Children, Inc., Defendant-Appellant, Eric Friedlander, in His Official Capacity as the Secretary of the Cabinet for Health and Family Services; Kerry B. Harvey, in His Official Capacity as the Secretary of the Justice and Public Safety Cabinet, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 22, 2023.

Attorney(s) appearing for the Case

ON BRIEF: John O. Sheller , Jeffrey A. Calabrese , Steven T. Clark , STOLL KEENON OGDEN PLLC, Louisville, Kentucky, for Appellant. Stephen K. Wirth , David B. Bergman , R. Stanton Jones , ARNOLD & PORTER KAYE SCHOLER LLP, Washington, D.C., Daniel Mach , ACLU FOUNDATION, Washington, D.C., Alex J. Luchenitser , AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, Washington, D.C., Corey M. Shapiro , Heather L. Gatnarek , ACLU OF KENTUCKY FOUNDATION, INC., Louisville, Kentucky, for Kentucky Taxpayers Appellees. Wesley W. Duke , LeeAnne Applegate , COMMONWEALTH OF KENTUCKY, Frankfort, Kentucky, for Kentucky Officials Appellees.

STRANCH, J., delivered the opinion of the court in which BUSH and LARSEN, JJ., joined. BUSH, J. (pp. 753-55), delivered a separate concurring opinion.

OPINION

This is the fourth appeal in the case before this court. We summarized the claim in the last appeal: "Kentucky taxpayers sued the State of Kentucky and Sunrise Children's Services, a religiously affiliated organization, alleging that Kentucky violated the Establishment Clause by paying Sunrise for...

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