California Court of Appeal

Plaintiff's proposed "conduit financing" agreements, providing for the issuance of tax-exempt bonds for the benefit of religious schools owned and operated by non-profit religious corporations, violate article XVI, section 5, of the California Constitution, which prohibits grants to or in aid of various religious entities.

Appellate Information

• Decided 03/09/2004
• Published 03/09/2004

Judges

• SIMS, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Orrick, Herrington & Sutcliffe, Eugene J. Carron, Megan V. Hamilton, Los Angeles, Richard I. Hiscocks, San Francisco, Margaret Carew Toledo and Michael C. Weed, Sacramento, for Plaintiff and Appellant., Center for Law & Religious Freedom, Christian Legal Society, Gregory S. Baylor, Samuel B. Casey for amici curiae Council for Christian Colleges and Universities and Christian Legal Society;  Sidley Austin Brown & Wood, Jeffrey A. Berman, Mark E. Haddad, Gene C. Schaerr and Nicholas P. Miller, Los Angeles, for amici curiae Religious Institutions:  Loma Linda University, The Association of Independent California Colleges and Universities, Association of Christian Schools International, Seventh-Day Adventist Church State Council, and The Assemblies of God Financial Services Group on behalf of Plaintiff and Appellant.


• For Appellees:
  
• No appearance by Respondents., Margaret C. Crosby for American Civil Liberties Union Foundation of Northern California;  Peter Eilasberg, Los Angeles, for ACLU Foundation of Southern California;  Jordan Budd for American Civil Liberties Union Foundation of San Diego and Imperial Counties on behalf of Respondents.