Opinion · Court of Appeals for the Ninth Circuit

North Valley Baptist Church v. Linda McMahon in Her Capacity as Director of the California State Department of Social Services

N. Valley Baptist Church v. Linda McMahon in Her Capacity as Dir. of the Cal. State Dep’t of Soc. Servs., 893 F.2d 1139 (9th Cir. 1990)

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1990-01-18
Topic
bankruptcy

HUG, Circuit Judge: This case challenges the constitutionality of the application of the licensure provisions of the California Child Day Care Facilities Act (Cal.Health & Safety Code §§ 1596.70 et. seq.) to the North Valley Baptist Church Preschool. The district court held application of the Act constitutional. The district court opinion is published at 696 F.Supp. 518 (E.D.Cal.1988). North Valley appealed. On appeal, North Valley emphasized that it would voluntarily follow the individual requirements under the Act and that it was the “licensing requirement” itself which offended the church’s religious beliefs.

Citator

UpLaw has not yet analyzed North Valley Baptist Church v. Linda McMahon in Her Capacity as Director of the California State Department of Social Services. The absence of a flag is not a finding that it is good law.

Cited by
4 opinions
NORTH VALLEY BAPTIST CHURCH v. McMAHON,893 F.2d 1139(9th Cir. 1990)
NORTH VALLEY BAPTIST CHURCH, PLAINTIFF-APPELLANT, v. LINDA McMAHON, IN HER
CAPACITY AS DIRECTOR OF THE CALIFORNIA STATE DEPARTMENT OF SOCIAL SERVICES,
DEFENDANT-APPELLEE.
No. 88-15516.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted December 14, 1989.
Decided January 18, 1990.
Charles E. Craze, Gibbs Craze, Burlingame, Cal., for plaintiff-appellant.

Darryl F. Mansfield, Deputy Atty. Gen., Sacramento, Cal., for defendant-appellee.
Appeal from the United States District Court for the Eastern District of California; Raul A. Ramirez, District Judge, Presiding.
Before WRIGHT, HUG and LEAVY, Circuit Judges.
HUG, Circuit Judge:
[1] This case challenges the constitutionality of the application of the licensure provisions of the California Child Day Care Facilities Act (Cal.Health Safety Code §§ 1596.70et. seq.) to the North Valley Baptist Church Preschool. The district court held application of the Act constitutional. The district court opinion is published at696 F. Supp. 518(E.D.Cal. 1988). North Valley appealed.

[2] On appeal, North Valley emphasized that it would voluntarily follow the individual requirements under the Act and that it was the "licensing requirement" itself which offended the church's religious beliefs. We note that Judge Ramirez already thoroughly analyzed the church's specific challenge to the "licensing requirement."North Valley,696 F. Supp. at 524-30.

[3] We will not repeat the district court's well-written analysis. We agree with the district court and affirm its decision that given "the compelling nature of [the state's] interest in the health and safety of young children, the state is fully justified in its demand for strict accountability from [all] its day-care providers," including the North Valley Baptist Church.Id.at 530.

[4] AFFIRMED.Page 1558