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3rd Circuit: Trial Court Properly Refused To Interfere In State Civil Rights Probe

By Howard M. Friedman

In Ocean Grove Camp Meeting Association v. Vespa-Papaleo, (3d Cir., July 15, 2009), the U.S. 3rd Circuit Court of Appeals said that the district court correctly applied the Younger abstention doctrine when it refused enjoin two related investigations by the New Jersey Division on Civil Rights. The investigations were undertaken after the Methodist Church's Ocean Grove Camp Meeting Association rejected requests to use its Boardwalk Pavilion for same-sex civil union ceremonies by two lesbian couples. (See prior posting.) Generally Younger prevents federal courts from interfering in pending state judicial or quasi-judicial proceedings when the parties will be able to raise their constitutional objections in the state proceedings. Since the state investigation related only to use of the chapel, the court remanded to the district court the broader request by the Association for a declaratory judgment relating to the use of the remainder of its property. A release by Alliance Defense Fund focuses on that portion of the decision. AP yesterday reported on the case. (See prior related posting.)

Full post as published by Religion Clause on July 18, 2009 (boomark / email).