On February 2, 2015, members of the Religious Liberty Clinic appeared before the U.S. Court of Appeals for the Ninth Circuit (Pasadena) on behalf of its longstanding client, Harbor Missionary Church. Clinic students Alex Kasner (JD ‘15), Kimberly Larkin (JD ‘16), and Tom Wakefield (JD ‘15) prepared and assisted appellate co-counsel Lisa Freeman of Horvitz & Levy LLP, who presented argument for the church to the three-judge panel. The opening brief filed August 11, 2014 can be found here.

The case concerns Harbor Missionary Church’s right under the Religious Land Use and Institutionalized Persons Act (RLUIPA) to minister to the homeless at its church building in accordance with its faith. The church had operated the ministry from its sanctuary for years until city officials decided it could no longer do so. The district granted a TRO but then denied a preliminary injunction to allow the church ministry to remain open pending trial.

In advance of the Ninth Circuit argument, Alex, Kimberly, and Tom helped file a letter brief arguing the U.S. Supreme Court’s recent unanimous decision in Holt v. Hobbs – where the Court emphasized RLUIPA’s exacting standard on government in placing burdens on religious activity – supported their client’s position. (Note, the RLC also filed an amicus brief in the Holt case last spring.) The clinic and its client await the Ninth Circuit’s decision.