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Religion & Law

: Constitutionally Correct

10th Circuit Ruling Paves Way for Potential Supreme Court Review in Sexually Oriented Business Challenge

By Alliance Defense Fund

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The 10th Circuit Court of Appeals has denied en banc review of its earlier panel ruling in Abilene Retail #30, Inc. v. Bd. of Commissioners of Dickinson Co., No. 05-3473 (10th Cir. 2007), but not without a sharp dissent by Judges Gorsuch joined by Judge Kelly and a response by Judge Lucero. A link and summary of the earlier panel opinion is here. A government ordinance regulating sexually oriented businesses (SOBs) typically survives First Amendment challenge if it is content-neutral and designed...(read more)

Full post as published by Constitutionally Correct on October 25, 2007 (boomark / email).

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