# Volunteer Medical Clinic, Inc. v. Operation Rescue

> Court of Appeals for the Sixth Circuit · October 29, 1991 · 948 F.2d 218

URL: https://www.frixlaw.com/law-library/cases/8995327

## Case

- **Full name:** VOLUNTEER MEDICAL CLINIC, INC. v. OPERATION RESCUE, Duane A. Peters (90-5159) Carol A. Zimmerman (90-5160) Mark S. Bodine (90-5161) Charles Franklin Bowman (90-5162)
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** October 29, 1991
- **Citations:** 948 F.2d 218
- **Precedential status:** Published
- **Opinion:** Concurrence by Kennedy
- **Judges:** Forester, Jones, Kennedy
- **Cited by:** 36 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8995327

## How later opinions describe it (automated extraction)

- 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’”
- recognizing that women constitute a protected class under § 1985(3)

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8995327. Public record. Not legal advice.