Annie Laurie GAYLOR, et al., Plaintiffs-Appellees,
v.
Steven T. MNUCHIN, et al., Defendants-Appellants, and
Edward Peecher, et al., Intervening Defendants-Appellants.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued October 24, 2018.
Decided March 15, 2019.
Attorney(s) appearing for the Case
Richard L. Bolton , Attorney, BOARDMAN & CLARK LLP, Madison, WI, for Plaintiffs-Appellees.
Judith A. Hagley , Teresa E. McLaughlin , Attorneys, DEPARTMENT OF JUSTICE, Tax Division, Appellate Section, Washington, DC, Gilbert Steven Rothenberg , Attorney, DEPARTMENT OF JUSTICE, Office of the Attorney General, Washington, DC, Jesse Panuccio , Attorney, DEPARTMENT OF JUSTICE, Office of the Solicitor General, Washington, DC, for Defendant STEVEN T. MNUCHIN, Secretary of the United States Department of Treasury.
Judith A. Hagley , Attorney, DEPARTMENT OF JUSTICE, Tax Division, Appellate Section, Washington. DC, for Defendants DAVID J. KAUTTER, Acting Commissioner of the Internal Revenue Service and UNITED STATES OF AMERICA.
Luke William Goodrich , Joseph Charles Davis , Attorneys, BECKET FUND FOR RELIGIOUS LIBERTY, Washington, DC, for Intervenors-Appellants EDWARD PEECHER, Bishop, and PATRICK MALONE, Father.
Luke William Goodrich , Daniel Ortner , Joseph Charles Davis , Attorneys, BECKET FUND FOR RELIGIOUS LIBERTY, Washington, DC, for Intervenors-Appellants CHICAGO EMBASSY CHUCRH, HOLY CROSS CHURCH and DIOCESE OF CHICAGO AND MID-AMERICA OF THE RUSSIAN ORTHODOX CHURCH OUTSIDE OF RUSSIA.
John Allen Eidsmoe , Attorney, FOUNDATION FOR MORAL LAW, INC., Montgomery, AL, for Amicus Curiae FOUNDATION FOR MORAL LAW INCORPORATED.
Nathan Lewin , Attorney, LEWIN & LEWIN, Washington, DC, for Amicus Curiae NATIONAL JEWISH COMMISSION ON LAW AND PUBLIC AFFAIRS.
Laurence Arthur Hansen , Attorney, LOCKE LORD LLP, Chicago, IL, for Amicus Curiae CHURCH ALLIANCE, ET AL.
Luke N. Berg , Attorney, OFFICE OF THE SOLICITOR GENERAL, Wisconsin Department of Justice, Madison, WI, for Amicus Curiae STATE OF WISCONSIN.
Kimberlee Wood Colby , Attorney, CENTER FOR LAW & RELIGIOUS FREEDOM, Springfield, VA, for Amicus Curiae EVANGELICAL COUNCIL FOR FINANCIAL ACCOUNTABILITY.
Kelly J. Shackelford, Esq. , Attorney, FIRST LIBERTY INSTITUTE, Plano, TX, for Amicus Curiae MEMBERS OF CONGRESS.
Alexander James Egbert , Attorney, STEPTOE & JOHNSON, Phoenix, AZ, for Amicus Curiae TAX LAW PROFESSORS.
Erik William Stanley , Attorney, ALLIANCE DEFENDING FREEDOM, Scottsdale, AZ, for Amici Curiae ALLIANCE DEFENDING FREEDOM and PACIFIC JUSTICE INSTITUTE, CONGRESSIONAL PRAYER CAUCUS FOUNDATION, NATIONAL LEGAL FOUNDATION, FORCEY BIBLE CHURCH AND INTERNATIONAL CONFERENCE OF EVANGELICAL CHAPLIN ENDORSERS.
Adam Chodorow , Attorney, Phoenix, AZ, for Amicus Curiae TAX LAW PROFESSORS.
Before Bauer, Manion, and Brennan, Circuit Judges.
Brennan, Circuit Judge.
Since the Founders crafted the Religion Clauses of the First Amendment, courts have grappled with the "play in the joints" between them. Walz v. Tax Comm. of City of N.Y.,397 U.S. 664, 669, 90 S.Ct. 1409, 25 L.Ed.2d 697 (1970). This case calls us to do so once more. Freedom From Religion...
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