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Case: 3:11-cv-00626-bbc Document #: 56 Filed: …

IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF WISCONSIN- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -FREEDOM FROM religion FOUNDATION, INC.,ANNIE LAURIE GAYLOR and DAN BARKER,OPINION AND ORDER Plaintiffs, LEW and DANIEL WERFEL, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Plaintiff Freedom from religion Foundation, Inc. and its two co-presidents, plaintiffsAnnie Laurie Gaylor and Dan Barker, brought this lawsuit under the AdministrativeProcedure Act, 5 702, contending that certain federal income tax exemptionsreceived by ministers of the gospel under 26 107 violate the establishment clauseof the First Amendment and the equal protection component of the Fifth Amendment. Defendants Timothy Geithner and Douglas Schulman (now succeeded by Jacob Lew andDaniel Werfel) have filed a motion for summary judgment, dkt.

as forbidding not only state action motivated by a desire to advance religion, but also action intended to ‘disapprove,’ ‘inhibit,’ or evince ‘hostility’ toward religion.”).

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Transcription of Case: 3:11-cv-00626-bbc Document #: 56 Filed: …

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