CLARKE v. U.S.

Civ. A. No. 88-3190 (RCL).

705 F.Supp. 605 (1988)

David A. CLARKE, H.R. Crawford, Charlene Drew Jarvis, Betty Ann Kane, Hilda H.M. Mason, James E. Nathanson, John Ray, Wilhelmina J. Rolark, Carol Schwartz, Frank Smith, Jr., Harry Thomas, Sr., John A. Wilson, and Nadine P. Winter, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, District of Columbia.

December 13, 1988.


Attorney(s) appearing for the Case

I. Michael Greenberger (argued), James R. Bird, Richard M. Wyner, Mark S. Raffman, Shea & Gardner, Washington, D.C., and Gregory E. Mize, Gen. Counsel, Council of the District of Columbia, with him on the briefs, for plaintiffs.

Curtis E. Hall, Asst. U.S. Atty. (argued), Jay B. Stephens, U.S. Atty. and John D. Bates, Asst. U.S. Atty., with him on the briefs, for defendant.

John Vanderstar, Alan M. Kirschenbaum, Gregory J. Glover, Stanlake M. Samkange, Covington & Burling, Washington, D.C., Nan D. Hunter, William B. Rubenstein, American Civil Liberties Union, New York City, Arthur B. Spitzer, Elizabeth Symonds, American Civil Liberties Fund of the Nat. Capital Area, for amicus curiae American Civil Liberties Union and American Civil Liberties Union of the Nat. Capital Area.

Joseph E. Broadus, Arlington, Va., for amicus curiae Coalition for Religious Freedom.

Michael Stokes Paulsen, Kimberle Wood Colby, Center for Law and Religious Freedom, Merrifield, Va., for amicus curiae Nat. Ass'n of Evangelicals, Public Affairs Committee of the Southern Baptist Convention, American Ass'n of Christian Schools, Ass'n of Christian Schools Intern. and Christian Legal Soc.

Austin F. Frum, Paul J. Kiernan, Dunnells, Duvall, Bennett & Porter, Washington, D.C., and William B. Duffy, Jr., Greenman, Grossman & Duffy, Boston, Mass., for amicus curiae Unitarian Universalist Ass'n.

Dennis M. Desmond, Washington, D.C., for amicus curiae All Souls Church, Unitarian, Washington, D.C.


MEMORANDUM OPINION

LAMBERTH, District Judge.

Plaintiffs in this action challenge the constitutionality of the "Nation's Capital Religious Liberty and Academic Freedom Act," also known as the "Armstrong Amendment," which was enacted October 1, 1988 by Congress as part of the 1989 D.C. Appropriations Act. The Armstrong Amendment reads as follows:

Sec. 145(a) This section may be cited as the `Nation's Capital Religious Liberty and Academic Freedom...

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