FREEDOM FROM RELIGION FOUNDATION, INC. v. McCALLUM

No. 02-3102.

324 F.3d 880 (2003)

FREEDOM FROM RELIGION FOUNDATION, INC., et al., Plaintiffs-Appellants, v. Scott McCALLUM, et al., Defendants-Appellees, and Faith Works Milwaukee, Inc., Intervening Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 2, 2003.

Rehearing and Rehearing Denied: May 22, 2003.


Attorney(s) appearing for the Case

Richard L. Bolton (argued), Boardman, Suhr, Curry & Field, Madison, WI, for Plaintiffs-Appellants.

Bruce A. Olsen (argued), Office of the Atty. Gen., Wisconsin Dept. of Justice, Madison, WI, for Defendants-Appellees Scott McCallum, Jennifer Reinert, Richard A. Gartner and George Lightbourn.

Daniel Kelly (argued), Reinart, Boerner, Van Deuren, Norris & Rieselbach, Milwaukee, WI, for Defendant-Appellee Faith Works Milwaukee, Inc.

Ayesha Khan, Americans United for Separation of Church and State, Washington, DC, for Amicus Curiae Americans United for Separation of Church and State.

Steven M. Freeman, Anti-Defamation League of B'Nai B'rith, New York, NY, for Amicus Curiae Anti-Defamation League.

Jeffrey P. Sinensky, American Jewish Committee, New York, NY, For Amicus Curiae American Jewish Committee.

Gene C. Schaerr, Michael L. Post, Richard H. Menard Jr., Sidley Austin Brown & Wood LLP, Washington, DC, for Amici Curiae Evangelicals for Faith-Based Initiatives, Prison Fellowship Ministries, and Christian Community Health Fellowship.

Before BAUER, POSNER, and RIPPLE, Circuit Judges.


Rehearing and Rehearing En Banc Denied: May 22, 2003.

POSNER, Circuit Judge.

This is a taxpayer suit to enjoin Wisconsin correctional authorities from funding Faith Works, a halfway house that, like Alcoholics Anonymous, incorporates Christianity into its treatment program. The plaintiffs argue that this funding constitutes an establishment of religion, in violation of the Constitution. The district judge rejected the argument after a bench trial.

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