Opinion

Volunteer Medical Clinic, Inc. v. Operation Rescue

  • 948 F.2d 218
Court
Court of Appeals for the Sixth Circuit
Filed
Oct 29, 1991
Status
Published
Author
Kennedy
On the bench
Forester, Jones, Kennedy
Cited by
36 cases

finding that women constitute a cognizable class under § 1985(3) because “[g]ender is precisely the type of ‘immutable characteristic’ that has consistently been held an improper basis upon which to differentiate individuals in the allocation of rights.”

How later courts described this case

  • finding that women constitute a cognizable class under § 1985(3) because “[g]ender is precisely the type of ‘immutable characteristic’ that has consistently been held an improper basis upon which to differentiate individuals in the allocation of rights.”
  • holding that § 1985(3) applies only to membership in a class of “those so-called ‘discrete and insular’ minorities that receive special protection under the Equal Protection Clause because of inherent personal characteristics”
  • explaining that “§ 1985(3) covers classes characterized by ‘some inherited or immutable characteristic’”
  • remanding for consideration whether injunction improperly premised upon alleged violation of § 1985(3) should be reinstated on state grounds of trespass, nuisance, or tortious interference with business

Written by the judges who cited it.

The opinion

KENNEDY, Circuit Judge,

concurring.

I concur in parts I, IIA., IIC., Ill and IV of Judge Jones’ opinion. Since there is no state action here to support a 42 U.S.C. § 1985 (3) claim, I find it unnecessary to address the issues raised in part IIB.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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