United States Sixth Circuit

In an Equal Protection Clause challenge to Air Force regulations denying military service credit to airmen volunteering with religious organizations, the dismissal of the complaint is affirmed where: 1) the regulations did not contradict the enabling statute; and 2) the regulations prohibited credit for for-profit employment as well and thus were not targeted at religion.

Appellate Information

• Decided 04/27/2009
• Published 04/27/2009

Judges

• GEORGE CARAM STEEH, District Judge., Before: GIBBONS and COOK, Circuit Judges;  STEEH, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert T. Lynch, Lynch Legal Services, Cleveland, Ohio, for Appellant.  Lowell V. Sturgill, Jr., United States Department of Justice, Washington, D.C., for Appellees.  Alexander Joseph Luchenitser, Americans United For Separation of Church and State, Washington, D.C., for Amici Curiae.   ON BRIEF:  Robert T. Lynch, Lynch Legal Services, Cleveland, Ohio, for Appellant.  Lowell V. Sturgill, Jr., Robert M. Loeb, United States Department of Justice, Washington, D.C., for Appellees.  Alexander Joseph Luchenitser, Americans United for Separation of Church and State, Washington, D.C., Richard L. Rosen and George Langendorf, Arnold & Porter LLP, Washington, D.C., Steven W. Fitschen, National Legal Foundation, Virginia Beach, Virginia, for Amici Curiae.