United States Sixth Circuit

In a case involving constitutional and statutory religious discrimination claims brought by a faith-based service provider contracting with a state agency for the care and supervision of abused, neglected, and delinquent children, summary judgment for defendants is affirmed where: 1) the opt out provision of applicable state law did not provide children placed in the care of plaintiff with "true private choice"; 2) remaining arguments failed for reasons articulated by the district court; and 3) a cause of action under 42 U.S.C. section 604a(i) is not cognizable in federal court.

Appellate Information

• Argued 10/25/2006
• Decided 01/17/2007
• Published 02/14/2007

Judges

• DAMON J. KEITH, Circuit Judge., Before: KEITH, COLE, Circuit Judges;  STEEH, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joel L. Oster, Alliance Defense Fund, Leawood, KS, for Appellants.  Joel D. McGormley, Michigan Department of Attorney General, Lansing, MI, for Appellees.   ON BRIEF:  Joel L. Oster, Kevin H. Theriot, Alliance Defense Fund, Leawood, KS, Gary McCaleb, Alliance Defense Fund, Scottsdale, AZ, for Appellants.  Joel D. McGormley, Michigan Department of Attorney General, Lansing, MI, for Appellees.  Daniel Mach, American Civil Liberties Union, Washington, DC, Kary L. Moss, American Civil Liberties Union, Detroit, MI, David S. Prohofsy, Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for Amici Curiae.