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UNITED STATES DISTRICT COURT :.,,:,-c? .5; - / b -(~ .SFOR THE DISTRICT OF MASSACHUSETTS

AMERICAN CIVIL LIBERTIES UNION of ’ MASSACHUSETTS,
Plaintiff,

CIVIL ACTION NO.:

MIKE LEAVITT, Secretary of U.S. Department of Health and Human Services, in his official capacity, WADE HORN, Assistant Secretary for Children and Families, in his official capacity, and HARRY
05 WILSON, Associate Commissioner for the
Administration on Children, Youth and Families in official capacity,

COMPLAINT
. ll O00

Defendants.

MAGISTRATE JUDGE = ~2 ~ ,.~_.,

Plaintiff American Civil Liberties Union of Massachusetts ("Plaintiff" or "ACLU of Massachusetts"), for its complaint in the above-captioned matter, alleges as follows:

PRELIMINARY STATEMENT 1. Defendants have provided more than one million dollars of public funds to an organization called the "Silver Ring Thing" (or "SRT"). The Silver Ring Thing is a ministry that uses abstinence education as a means to bring "unchurched" students to Jesus Christ. Federal dollars support the Silver Ring Thing’s religious activities and religious content. Both because the federal funding of the Silver Ring Thing constitutes a direct government grant to a pervasively sectarian institution and because the federal dollars are demonstrably underwriting religious activities and religious content, the funding violates the Establishment Clause of the

First Amendment to the United States Constitution. Furthermore, the federal grant to the SRT impermissibly communicates a message of governmental endorsement of and preference for religion in general and the specific religious tenets of SRT in particular. Plaintiff- whose members include taxpayers whose tax dollars are used to finance the Silver Ring Thing program - seeks, among other relief, an injunction barring the Defendants from continuing to fund the Silver Ring Thing.
JURISDICTION AND VENUE 2. This action arises under the First Amendment of the United States Constitution and presents a federal question within this Court’s jurisdiction under Article IIl of the Constitution and 28 U.S.C. § 1331. 3. Plaintiff" s claims for declaratory and injunctive relief are authorized by 28 U.S.C. §§ 2201 and 2202, by Rules 57 and 65 of the Federal Rules of Civil Procedure, and by the inherent equitable powers of this Court.
The Court has the authority to award costs and attorneys’ fees under 28 U.S.C.

§ 2412. 5.

Venue is proper in this judicial district under 28 U.S.C. § 1391 (e).

PARTIES

6. PlaintiffACLU of Massachusetts is a statewide affiliate of the national American

Civil Liberties Union. The ACLU of Massachusetts is incorporated as a Massachusetts not-for-

profit corporation and is a membership organization with approximately 20,000 members in the

Commonwealth of Massachusetts. The mission of the ACLU of Massachusetts is to defend and

advance the individual freedoms embodied in the federal and Massachusetts Constitutions. The

ACLU of Massachusetts conducts extensive advocacy in support of the rights safeguarded by the

2

Establishment Clause of the United States Constitution. Its members include individuals who pay income taxes to the United States and who oppose government funding that promotes religion, including such government funding to the Silver Ring Thing.
7. Defendant Harry Wilson is the Associate Commissioner for the Administration on Children, Youth and Families and is the head of the Family and Youth Services Bureau ("FYSB"), the subdivision of the United States Department of Health and Human Services ("HHS’) charged with administering the federal Abstinence Education Special Congressional Initiative Project Grants to the SRT. Defendant Wilson has failed to sufficiently monitor or audit the funding of SRT. Defendant Wilson and his successors are sued in their official capacity.
8. Defendant Wade Horn is Assistant Secretary for Children and Families for the Administration for Children and Families in HHS. Defendant Horn has authority over the Family and Youth Services Bureau and has failed to cause FYSB to monitor or audit the funding of SRT sufficiently. Defendant Horn and his successors are sued in their official capacity.
9. Defendant Mike Leavitt is the Secretary of the United States Department of Health and Hmnan Services and is responsible for the administration and oversight of the Department. Defendant Leavitt has authority over the Administration on Children, Youth and Families and FYSB and has failed to guarantee that the funding of SRT is sufficiently monitored or audited. Defendant Leavitt and his successors are sued in their official capacity.
FACTS GIVING RISE TO THIS ACTION A. The Silver Ring Thing
10. The federal government has awarded more than one million dollars to the Silver Ring Thing in the past three years.

11. According to IRS filings, the Silver Ring Thing, IRS ID number 25-1376083, is also known as the John Guest Evangelistic Team, which has the same address, the same telephone number, and the same IRS ID number.
12. According to 2001 IRS filings, the John Guest Evangelistic Team is an "Evangelistic Ministry." In its "Statement of Program Service Accomplislmnents," it describes its three main programs as "Evangelistic crusade planning, coordination, and implementation, including development and distribution of religious material," "International evangelistic programs including Christian center in Cuba, Ukraine, Ghana and Holland," and "Radio broadcast of religious teaching on twelve radio stations." Internal Revenue Service Form 990, 2001 (filed Aug. 12, 2002).
13. In the I3BC documentary, "American Virgins," Silver Ring Thing Executive Director Dennis Pattyn states, "I believe that the end of the world is approaching very quickly and I believe that Christ will come back .I...believe that we are approaching the return of Christ, which is a huge event." When asked if abstinence is the appropriate place for his energies if the end of the world is so close, Mr. Pattyn explains that abstinence education is merely a means to an end for the Silver Ring Thing, and the end is to bring faith into the lives of students.
14. In the It ~" Time Silver Ring Thing newsletters, the Silver Ring Thing/John Guest Evangelistic Team describes "Our Ministry" as follows: "The ministry of John Guest and his team is to call our world to Christ. The Silver Ring Thing is now the primary outreach of the John Guest Team. The mission is to saturate the United States with a generation of young people who have taken a vow of sexual abstinence until marriage and put on the silver ring. l’his mission can only be achieved by offering a personal relationship with Jesus Christ as the best

way to live a sexually pure life." See, e.g., Silver Ring Thing It ~’ Time Newsletters, Fall 2004, Spring 2004, May 2004, April 2004.
15. Articles in the II ’s’ Time newsletters highlight the success of the Silver Ring Thing in achieving its stated mission. For example, the April 2004 SRT newsletter commented, "Who would have ever thought we would see the day when promoting sexual abstinence among students would become an opportunity to communicate the Good News of the Gospel. Through our Silver Ring Thing program, students who are longing for sexual purity have the chance to begin again. The Good News that comes with Jesus Christ is that He is the power and the hope of starting over." April 2004 Newsletter http://www.silverringthing.com/images/srtnewsCW324final.pdf).
16. According to SRT’s applications for federal funds, a key component of the Silver Ring Thing program is its three-hour high-tech multi-media presentations ("Three-Hour Presentation") that culminate in students taking an abstinence pledge and donning the SRT ring: "The high-tech presentation is the ’thing’ in the Silver Ring ThTinhge .p..r.ogram features hilarious skits, concert sound systems, and high-energy music and is presented by a team of talented and trained peer level performers. A typical SRT event lasts three hours..." "The climax of the event, is when the participants join together in reciting the abstinence pledge which states that they will present their silver ring to their spouse on their wedding day, symbolizing that they have abstained from sexual behavior."
17. According to Silver Ring’s Thing’s website, SRT has held at least three of these events in the Boston area since April 2003, and another Boston event is tentatively scheduled for Octobm- 15, 2005.
5

18. On information and belief, the Three-Hour Presentation, discussed in more detail below, is permeated with religion.
19. In keeping with SRT’s focus on bringing students to Jesus, the registration card for the Three-Hour Presentation requires the following information: name, address, email address, age, school, grade, "Do you currently attend church?" "If so, where?" Students are required to fill out a registration card in order to attend a SRT Three-Hour Presentation.
20. The SRT announces in its SRT newsletter how many students after each ThreeHour Presentation have "made a commitment to Jesus."
21. This same information about how many students have "made a commitment to Jesus" after each Three-Hour Presentation is posted on its website as well. The website also includes a photograph of the students at a particular Three-Hour Presentation who have "made a commitment to Christ."
22. In response to an inquiry about the SRT school assembly program, an SRT representative stated in an e-mail dated August 30, 2004: "The vision of our program is to reach as many un-churched students as possible, and we see [public school] assemblies as an opportunity to reach a larger audience." In an e-mail dated August 26, 2004, the SRT representative explained that "[b]asically, the assembly is designed to compel students to attend the [Three-Hour Presentation] following shortly afterwards."
23. According to SRT’s federal grant applications, another key component of the Silver Ring Thing is its twelve-step follow-up plan ("Follow-Up Plan"): "SRT recognizes that making a pledge and putting on a ring is only the beginning. Very few people can remain true to their pledge unless they have strong individual and group support. For this reason, SRT has created a 12-Step follow-up plan."
6

24. On inforrnation and belief, as described below, religion permeates the Follow-Up Plan.
25. On information and belief, it is not possible to participate fully in the complete SRT program, which includes the Three-Hour Presentation and Follow-Up Plan, without encountering religious content and proselytization.
26. On intbrmation and belief, the Silver Ring Thing is so permeated by religion that any secular activities it has cannot be separated from its sectarian ones. B. Religious Content of SRT’s Three-Hour Presentation
27. On information and beliel; the Silver Ring Thing’s Three-Hour Presentation, which federal dollars help support, is a highly religious program that promotes Christianity.
28. On intbrmation and belief, the Three-Hour Presentation is offered in two parts. There is a short intermission between the first and second part.
29. On information and belief, during the intermission, SRT Executive Director Dennis Pattyn asks students to decide whether they want to hear more about abstinence with or without religion.
30. On information and belief, students are strongly encouraged to remain for the religious programming. For example, Mr. Pattyn has told the audience that he highly encourages them to stay in the room.
31. On information and belief, students attending the Three-Hour Presentation feel pressured to attend the religious programming.
32. On information and belief, federal funds support both the religious programming and the secular programming in the second part of the Three-Hour Presentation.

33. On information and belief, those who wish to attend the secular programming must go to a different room than the one used for the first part of the Three-Hour Presentation. Those attending the religious progran~ming do not need to switch rooms.
34. On information and beliel; in typical sessions, no more than a handful of students leave the room for the secular programming.
35. On information and belief, those who remain for the religious programming are exposed to a ninety-minute session suffused with religious proselytization.
36. On information and belief, in the religious programming, SRT members testify on stage about how their lives improved after they accepted Jesus Christ.
37. On information and belief, in the religious programming, SRT members quote and explicate Bible passages on stage.
38. On information and belief, in the religious programming, Mr. Pattyn discusses on stage his own born-again experiences that occurred when he was a teenager.
39. On information and belief, in the religious programming, Mr. Pattyn urges audience members to do as he did and ask the Lord Jesus Christ to come into their lives.
40. On information and belief, in the religious programming, Mr. Pattyn recites a prayer asking Christ to forgive any past sins, and tells audience members that their sins could be forgiven on the spot.
41. On information and belief, at the end of the event, Mr. Pattyn instructs audience members to go get their rings.
42. On information and belief, the rings are available at all SRT performances and cost $15.00.

43. The rings are inscribed with "1 Thess. 4:3-4." This is a reference to the Bible

verse 1 Thessalonians 4:3-4, which reads: "God wants you to be holy, so you should keep clear

of all sexual sin. Then each of you will control your body and live in holiness and honor."

44. On information and belief, SRT does not offer SRT rings without inscription of

this biblical verse.

45. On information and belief, students are given a Silver Ring Thing Sexual

Abstinence Study Bible when they purchase a ring.

46. On information and belief, once people have their SRT ring and SRT Bible, Mr.

Pattyn directs the audience to the first page of the Bible. This page contains the Silver Ring

Thing Covenant. The audience is told to fill in their names, sign and date it, and within three days

identify an accountability partner who would countersign the Covenant.

47. The Silver Ring Thing Covenant reads: "In signing this covenant before God

Almighty, I

, agree to wear a silver ring as a sign of my pledge to abstain from

sexual behavior that is inconsistent with Biblical standards. On my wedding day, I will present

my silver ring to my spouse, representing my faithful commitment to the marriage covenant."

There are places for both the student and his or her accountability partner to sign. 48. On information and belief, SRT does not offer an SRT abstinence pledge without

religious content.

49. On information and belief, these examples of religious content in the SRT three-

hour event are not exhaustive.

C. Religious Content of SRT’s Twelve-Step Follow-Up Program

50. On information and belief, the Silver Ring Thing’s twelve-step follow-up

program, which federal dollars help support, is a highly religious program that promotes

Christianity.

51. The Silver Ring Thing describes on its website

(http://www.silverringthing.com/follow.html) its twelve-step follow-up program as follows:

I. The Ring - the symbol and namesake of the Silver Ring Thing. The ring is a constant reminder of the commitment made and sends a profound message to everyone who sees it.

2. SRT Bible - abstinence study Bible with support material specific to students. A distinct connection between the Bible and e-mail follow-up provides depth and further understanding of the decision made.

3. The Vow - a public promise to remain abstinent until marriage pledged by each

student in a group setting. The Vow is signed and dated on the first page of the

SRT Bible as a reminder and constant source of encouragement and support. [The

Vow reads, "In signing this covenant before God Almighty, I

,

agree to wear a silver ring as a sign of my pledge to abstain from sexual behavior

that is inconsistent with Biblical standards. On my wedding day, I will present my

silver ring to my spouse, representing my faithful commitment to the marriage

covenant."]

4. A Faith Decision - in accepting the ring, the student accepts the reason for wearing it. The student understands that God has a plan for his or her life, and a plan for his or her sexuality. When the decision is faith-based, the student has the power of God working within them.

5. Accountability Partner - within 48 hours, every student is asked to name an accountability partner of the same sex to encourage, share, and support his or her decision.

6. E-mail - SRT team members initiate e-mail contact with all students in an exhaustive effort to remain present in the daily lives of students. E-mails go out twice a week for two months and help guide and direct students through the SRT Bible and through daily circumstances.
7. SRT Mentoring - Staff members readily available to answer questions and offer support via phone, instant messenger, e-mail, or personal visitation where possible.

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8. CREW/Leadership training - SRT is a teen and peer-driven organization. Students are taught leadership skills that strengthen the willpower to keep the vow and are given technical training of SRT systems and equipment. Joining Crew strengthens the abstinence commitment.
9. Youth Group - using contact information, students are encouraged and "plugged-in" to local youth networks for support and discipleship.
10. Website - our website, www.silverringthing.com, provides information ibr upcoming shows, current issues, latest SRT news, pictures, etc. Areas such as "Deb’s Diary," "Ask the Doctor," and "SRT Helpline" provide honest answers to real-life questions and challenges and help them understand the importance of an abstinence commitment.
11. Abstinence Saturated Communities - SRT is aggressively expanding its national and international reach and students become part of an every-growing peer group who will strengthen each other’s commitment. The goal is to perform 20-30 events per year in each Hub city, where students can attend numerous shows and receive constant encouragement and positive peer pressure.
12. Internship/Staff Opportunities - High school and college intern positions are available along with full-time staffpositions in each developing Hub city. These positions provide strong bonds and fellowship, adding an additional level of accountability.
52, On information and belief, there is no secular version of the twelve-step follow-up
program.
53. On information and belief, there is no SRT ring without inscribed biblical verses
(see Step 1).
54. On information and belief, there is no SRT abstinence pledge without religious
content (see Step 3).
55, On information and belief, there is no SRT secular sexual abstinence study guide
(see Step 2).
56. The SRT Sexual Abstinence Study Bible (the "SRT Study Bible") (see Step 2)
promotes religion. In particular, it preaches Christianity. According to the SRT Study Bible, for
example:
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a. "Abstinence without faith = Failure (It’s God’s idea!)." b. Among the top ten ingredients to remaining abstinent is "Develop your personal relationship with Jesus Christ." c. "Jesus Christ [is] the Only Way to God ..I.f. humankind could have reached God any other way, Jesus would not have had to die." d. You will go to hell if you have not accepted Jesus: "If you have accepted God’s wonderful gift of salvation through his Son, Jesus Christ, your name will be found in the Book of Life, and you will spend eternity in heaven with God. If you have chosen to reject Christ, then your final destination will be the lake of fire. No arguments. Case closed." "In hell, nonbelievers will be doomed to exist in unending torment with the Devil and his demons .... Nonbelievers will spend eternity in agony T...h.ose who know Christ have much to gain. Those who do not, have everything to lose."
These examples of religion content from ’/he SRT Bible are not exhaustive. 57. An accountability partner is another step of the twelve-step SRT follow-up program. (See Step 5). According to the SRT website (http://ww~.silverringthing.com/partner.html), when accountability partners meet, they should "[t]ake time to pray tbr each other" and "[s]hare with each other what the Lord has been teaching you." Recommended questions accountability partners should ask each other include "How has your walk with God been going?" and "Do you need prayer for anything?"
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58. On information and belief, all student participants, regardless of whether they attend the secular or religious version of the SRT Three-Hour Presentation, receive the same follow-up e-mails from the SRT.
59. These SRT follow-up e-mails, which are designed to help students remain true to their abstinence pledge (see Step 6), are filled with religious content and promote Christianity.
a. For example, one email, sent December 14, 2004, informs readers that they can. still put on a ring even if they have already had sex: "Yes! You can still put on a ring!!! It’s called STARTING OVER. Jesus meant every word that he spoke about forgiveness. All you have to do is this:
Acknowledge that you didn’t do things His way before. Accept the fact that He completely forgives you and you can start over. Forgive yourselt~. Christ }brgives you, so let it go! Come to the next show and put on a ring as a symbol that you are waiting until your wedding day! Don’t let your past rule your life - let Christ. Also, for a little more encouragement, check out John 8:1-11 for a great example." b. Another e-mail, sent January 4, 2005, assures students that they will be able to resist temptations because "[i]n your time of need God will provide you with whatever it takes to get away from, out of or to overcome the temptation." The e-mail continues: "When I find myself tempted, I just say a prayer right then and there, in my head without closing my eyes or anything, and I ask Him for help. Usually it’s like, ’Hey God, what’s up, 1 need some help here and I know you’re the guy to ask. Thanks.’ Someway, somehow, God gives me
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what I need to overcome the temptation, whatever it takes He provides. Imagine how stoked God is up there in heaven when one of His children on earth stays strong and shows Satan what’s what by overcoming temptation!"
c. These examples of religious content in the follow-up e-mails are not exhaustive. 60. The SRT website, which students are advised to consult (see Step 10), is filled with religious content and promotes religion. 61. For example, according to "Deb’s Diary," a personal column on the website students are encouraged to consult:
a. "Here are some ways you can strive to be pure: Pursue Faith. The only way to keep strong in God is to read his word, talk to him and worship him 24/7 .... Talk about God .... When you let others know about who you believe in, it not only strengthens your faith, but it lets them know where you stand on certain issues." P-U-R-I-T-Y, Deb’s Diary ( h ttp : / /’a,~-~v.silv crringthing.c om / d e b 26.h tml ).
b. "You don’t need anyone you are romantically interested in to COMPLETE you, Honestly, the only person you need to complete you is Jesus. Come on - has anyone else taken it upon themselves to die for you lately?... You are totally complete in Christ. There is no other person anywhere that could complete you." Deb’s Diary; Jerry McGuire Was Wrong (http://,a~aw, v.silv crringthing.com / de bO9.h tml ).
c. These examples of religious content in "Deb’s Diary" are not exhaustive.
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62. The SRT Newsletter, made available on the website, is also filled with religious content, as these following excerpts demonstrate:
a, "Vision Now Reality: As the traveling crew continues to.do its work in cities across America each week, more people are becoming part of this abstinence phenomenon. And ultimately, they are developing a relationship with Jesus Christ. This is such good news! We want you to catch the vision that is now a reality for us! As you read this edition of It’s Time, you’ll see how God is using the John Guest Team and the Silver Ring Thing in powerful ways." April 2004 Newsletter (http://w’a~v.silverringthing.com/images/srmewsCW324final.pdf).
b. "National Prayer Team Kick-Off: How would you like to be a prayer warrior for the Silver Ring Thing ministry? We are organizing a national team of pray-ers who will commit to praying for the many aspects of the ministry." May 2004 newsletter
(http://www.silverringthing.com/images/srtnews5 5final.pdf).
These examples of religious content in the SRT newsletter are not exhaustive. D. Abstinence Education Special Congressional Initiative Project Grants 63. Each year for the past three years, Congress has set aside in its annual Omnibus Appropriations Bills special earmarks for abstinence education. These grants are known as Abstinence Education Special Congressional Initiative Project Grants ("special abstinence grants").
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64. According to the special abstinence grant guidelines, the funds are to be used to promote abstinence education, as defined by Section 510 of Title V of the Social Security Act, to students aged 12-18.
65. The grants are administered by the United States Department of Health and Human Services ("HHS"). Since June 2004, the grants have been administered by the Family and Youth Services Bureau, a division of the Administration for Children and Families within HHS. Previously, the grants were administered by the Maternal Child and Health Bureau, a division of the Health Resources and Services Administration within HHS. E. Federal Funds Support Silver Ring Thing’s Religious Activity
66. The Silver Ring Thing has requested and received over one million dollars of federal funds in the past three years. FY2003 Omnibus Appropriations Bill, Public Law 108-7 (February 20, 2003), 117 Stat. 11 (awarded for the time period August t, 2003 to July 31,2004); FY2004 Omnibus Appropriations Bill, Public Law 108-199 (January 23, 2004) 118 Stat. 39 (awarded for the time period August 1, 2004 to July 3 I, 2005); FY2005 Omnibus Appropriations Bill, Public Law 108-477 (December 8, 2004), 118 Stat. 2809 (for the time period August 1, 2004 to July 31,2006).
67. On information and belief, these funds are used to support the Three-Hour Presentations and the Follow-Up Program.
68. For example, in fiscal year 2003, the SRT 2003 application for federal funds (which was granted) requested $335,450 of public funds for the salaries and benefits of positions the SRT described as "integral to the development and production of the Silver Ring Thing’s abstinence education and follow-up initiatives." Likewise, the SRT’s 2004 application for
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federal funds (which was likewise granted) proposed that the majority of its 2004 federal grant, $350,000, be used for salaries and benefits.
69. On information and belief, other federal funds have been used to support the Three-Hour Presentation and the Follow-Up Program. For example, according to SRT’s budget proposals, federal funds have been allocated for equipment and vehicles "critical for producing the SRT high tech sexual abstinence education program." This includes, for example, funds for "the complete truss system used to set up all the sound, light, and video equipment for producing a SRT show" as well as "vans... to transport the crew to shows all over the U.ST.h..e.se vehicles are needed to transport all of the program staff, crew, and equipment to all of the national programs." Moreover, according to SRT’s budget proposals, federal funds have been allocated to support office space, supplies, and computers to be used by "staff, interns, volunteers, and crew. All of these people are integral to the development and production of the SRT abstinence education program and follow-up program."
70. On information and beliet; the special abstinence grants are awarded directly to the Silver Ring Thing. The grants are not awarded as vouchers to individual students who then decide to direct the funds to the Silver Ring Thing. Nor is the amount of the grants contingent on the number of students participating in the Silver Ring Thing programs.
71. On information and belief, the Silver Ring Thing makes no effort to segregate government funds for solely secular uses.
72. Defendants have failed to establish safeguards sufficient to prevent the SRT from using government funds for religious activities and purposes.
73. in sum, SRT uses taxpayer dollars to promote religious content, instruction, and indoctrination.
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74. As a result of the above-described actions of Defendants, Plaintiff, on behalf of its members, has suffered irreparable injury.
CAUSE OF ACTION (Violation of the Establishment Clause of the U.S. Constitution) 75. Plaintiffrealleges and incorporates by reference each and every allegation contained in paragraphs 1 through 74 as if set forth fully herein. 76. The Establishment Clause of the First Amendment to the U.S. Constitution provides that "Congress shall make no law respecting an establishment of religion." 77. For the reasons set forth above, Defendants have violated the Establishment Clause of the First Amendment to the U.S. Constitution.
RELIEF REQUESTED WHEREFORE Plaintiff respectfully requests that this Court grant the following relief: I. a judgment pursuant to 28 U.S.C. § 2201 declaring that Defendants’ actions, as set forth above, violate the Establishment Clause of the First Amendment to the United States Constitution; 2. the entry of a preliminary and permanent injunction ordering Defendants and their agents, representatives, successors and those acting in concert with them to cease and desist from disbursing federal funds to SRT; 3. an award of costs and attorneys’ fees; and 4. such further and other relief as this Court deems appropriate.
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Respectfully submitted,
SARAH WUNSCH (BBO #548767) ACLU of Massachusetts 99 Chauncy St., Suite 310 Boston, MA 02111 (617) 482-3170, ext. 323
JUL1E STERNBERG* CAROLINE MALA CORBIN* ACLU Reproductive Freedom Project 125 Broad Street, 18th Floor New York, New York 10004 (212) 549-2633 (phone) (212) 549-2652 (fax)
DANIEL MACH* VICTORIA JUEDS* THOMAS PULHAM* i JESSICA TILLIPMAN* Jenner & Block LLP 601 Thirteenth St., NW Suite 1200 South Washington, DC 20005 (202) 637-6313 (phone) (202) 661-4917 (fax)
Attorneys for Plaintiff
Dated: May 16, 2005 *Motion for Admission Pro Hac Vice Pending iAdmitted in California only; practicing under the supervision of the partners of Jelmer & Block LLP.
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 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

________________________________________________

)

AMERICAN CIVIL LIBERTIES UNION

)

of MASSACHUSETTS,

)

)

Plaintiff,

)

)

v.

)

)

MIKE LEAVITT, Secretary of U.S. Department

)

of Health and Human Services, in his official capacity; )

WADE HORN, Assistant Secretary for Children and

)

Families, in his official capacity, and HARRY WILSON, )

Associate Commissioner, Administration on Children, )

Youth and Families in his official capacity,

)

)

Defendants.

)

________________________________________________)

Civ. A. No. 05-11000 (JLT)

STIPULATION OF DISMISSAL

The Plaintiff and the Defendants and the Intervenor, through their undersigned counsel,

hereby stipulate to the dismissal of the above-captioned civil action without prejudice pursuant to

Rule 41 (a)(1)(ii) of the Federal Rules of Civil Procedure.

FOR THE DEFENDANTS

FOR THE PLAINTIFF

PETER D. KEISLER Assistant Attorney General
MICHAEL J. SULLIVAN United States Attorney
SHEILA M. LIEBER Deputy Branch Director
s/ Anthony J. Coppolino ANTHONY J. COPPOLINO (D.C. Bar No. 417323) Special Litigation Counsel

s/ Julie Sternberg JULIE STERNBERG, pro hac vice DANIEL MACH, pro hac vice (cooperating
counsel) CHARU A. CHANDRASEKHAR (motion for
leave to appear pro hac vice to be filed) ACLU Reproductive Freedom Project 125 Broad Street, 18th Floor New York, New York 10004 (212) 549-2633 (phone) (212) 549-2652 (fax)

United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Room 6102 Washington, D.C. 20530 (202) 514-4782 (phone) (202) 616-8460 (fax)
Counsel for Defendants Mike Leavitt, Secretary of U.S. Department of Health and Human Services; Wade Horn, Assistant Secretary for Children and Families; and Harry Wilson, Associate Commissioner for the Administration on Children, Youth and Families.
FOR THE INTERVENOR

JARED O. FREEMAN (motion for leave to appear pro hac vice to be filed) CRAIG COWIE, pro hac vice VICTORIA JUEDS, pro hac vice JESSICA TILLIPMAN, pro hac vice AVLANA EISENBERG, pro hac vice Jenner & Block LLP 601 Thirteenth St., NW Suite 1200 South Washington, DC 20005 (202) 639-6000 (phone) (202) 639-6066 (fax)
SARAH WUNSCH (BBO #548767) ACLU of Massachusetts 211 Congress St. Boston, MA 02110 (617) 482-3170, ext. 323

s/ Joel Oster JOEL OSTER KEVIN THERIOT Alliance Defense Fund 15192 Rosewood Leawood, KS 66224 Tel: (913) 685-8000 Fax: (913) 685-8001

Counsel for the Plaintiff

Counsel for Intervenor-Defendant Silver Ring Thing, Inc.

Dated: February 23, 2006

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CERTIFICATE OF SERVICE I hereby certify that on February 23, 2006, the foregoing Stipulation of Dismissal was filed electronically and served by means of the Court's ECF email notice system on: Robert L. Kilroy - rlkilroy@modl.com, hyeboah@modl.com Joel L. Oster - jrennels@telladf.org Kevin H. Theriot - jrennels@telladf.org Sarah R. Wunsch - wunsch@aclu-mass.org Julie Sternberg - JSternberg@aclu.org The foregoing will also be served by first-class mail, postage pre-paid, on: JARED O. FREEMAN CRAIG COWIE VICTORIA JUEDS JESSICA TILLIPMAN AVLANA EISENBERG Jenner & Block LLP 601 Thirteenth St., NW Suite 1200 South Washington, DC 20005 (202) 639-6000 (phone) (202) 639-6066 (fax)
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 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

)

AMERICAN CIVIL LIBERTIES UNION

)

of MASSACHUSETTS,

)

)

Plaintiff,

)

)

v.

)

)

MIKE LEAVITT, Secretary of US. Department

)

of Health and Human Services, in his official capacity; )

WADE HORN, Assistance Secretary for Children and )

Families, in his official capacity, and HARRY WILSON, )

Associate Commissioner, Administration on Children, )

Youth and Families in his official capacity,

)

)

Defendants.

)

Civ. A. No. 05-11000 (JTL)

SETTLEMENT AGREEMENT
I. Definitions
A. "Defendants" are the Secretary of US. Department of Heath and Human Services, in his official capacity; Assistant Secretary for Children and Families, in his official capacity; and the Associate Commissioner, Administration on Children, Youth and Families, in his official capacity.
B. "Department" means the U.S. Department of Heath and Human Services.
C. "Silver Ring Thing" ("SRT") is that organization doing business as Silver Ring Thing cUlTent1y located at 530 Moon Clinton Road, Moon Twp., Pennsylvania, 15108 or any successors to that entity known to the Defendants.
D. "Plaintiff' is the American Civil Liberties Union ofMassachuselts.
II. Background
A. On May 16, 2005, Plaintiff filed a complaint in US. District Court, District of Massachusetts, alleging that Defendants' funding of Silver Ring Thing ("SRT") violated the Establishment Clause of the First Amendment to the U.S. Constitution.

B. Under current regulatory requirements of the Department of Health and Human Services, "Organizations that receive direct financial assistance from the Department of Health and Human Services under any Department program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services funded with direct financial assistance from the Department." 45 C.F.R. 87.1 (c). 69 Fed. Reg. 42586, 42593 (2004). "If an organization conducts [inherently religious] activities, the activities must be offered separately, in time or location, from the programs or services funded with direct financial assistance from the Department ...." Id.
C. On August 22, 2005, the Department -- through Defendant Harry Wilson, Associate Commissioner, Administration on Children, Youth and Families ("FYSB")--- sent SRT a letter explaining that the Department had reviewed the terms and conditions of the grant and their relation to all applicable federal laws and regulations including, but not limited to, 45 C.F.R. Part 87 (2005). The letter stated in part: "Our review indicates that SRT may not have included adequate safeguards to clearly separate in time or location inherently religious activities from the federally-funded activities. In particular, it appears that the Federal project that is funded under the SRT grant includes both secular and religious components that are not adequately separated. Based on the information received to date, we do not believe that SRT' s actual use of federal funds for its program adequately complies with Federal grant requirements. Accordingly, FYSB is suspending the drawdown of Federal funds until such time as we are confident that the SRT program is in compliance with all relevant federal rules, regulations and policies." A copy of this document is attached to this agreement as Exhibit 1.
D. On September 20, 2005, FYSB sent SRT a letter regarding a possible Corrective Action Plan ("CAP") for SRT. That letter stated in part: "As you know, the Federal goverrunent is prohibited from funding 'inherently religious activities.' Enclosed with this letter is a listing of safeguards that we believe will provide a general framework for addressing the concerns we have raised with your program. ... We recommend that SRT consider these safeguards when drafting a CAP, and provide detailed plans for how the SRT specifically plans to make changes to its program." A copy of that September 20, 2005 letter, with the attached list of "Safeguards Required," is attached to this agreement at Exhibit 2.
E. SRT and the Administration for Children and Families CACF") ternlinated the SRI grant effective January 31, 2006.
III. Terms of Agreement
A. Defendants agree that, consistent with regulatory requirements in place at the time of this agreement, they will not fund the abstinence education program of SRT as that program was structured and implemented by SRT throughout the term ofthe FY05 grant.
2

1. In the event that SRT applies for an abstinence education grant award from Defendants or Defendants fund SRT's abstinence education program during fiscal years 2006 through 2008, and to the extent consistent with then-existing legal requirements administered by the Defendants as to all grantees, Defendants shall undertake the following actions with respect to SRT:
a. Defendants shall require SRT to set forth in its grant application a description of the program and activities for which it is seeking federal grant funds. Defendants shall require SRT to state how it plans to spend government funds and to track its spending of government funds.
b. Defendants shall ensure that SRT's program, activities, and accounting procedures are consistent with 45 C.F.R. Part 87 (2005), which specifically prohibits the use offederal funds to support inherently religious activities and imposes the requirement that any such activities be conducted separately in time or location from HHS-funded programs or servIces.
2. In the event that SRT applies for an abstinence education grant award from ACF or ACF funds SRI's abstinence education program during fiscal years 2006 through 2008, and to the extent consistent with then-existing legal requirements administered by the ACF as to all grantees, ACF shall undertake the following actions with respect to SRI.
a. ACF shall ensure that SRT's program, activities, and accounting procedures are consistent with the "Safeguards Required" set forth in the three-page attachment to the September 20, 2005 letter from the FYSB to SRT. A copy of that September 20,2005 letter, with the attached list of "Safeguards Required," is attached to this agreement at Exhibit 2.
b. ACF shall require SRT to sign a certification and grant assurance that it will comply with 45 C.F.R. Part 87 (2005), which specifically prohibits the use of federal funds to support inherently religious activities and imposes the requirement that any such activities be conducted separately in time or location from HHS-funded programs or services.
c. ACF shall conduct quarterly monitoring phone calls ofSRT that will include discussing key issues, problems, and corrective actions proposed. As necessary and appropriate, should Defendants obtain information that they believe requires further on-site inspection, ACF will undertake a site visit to SRT to inqnire as to whether SRT is complying with the conditions and terms set forth in SRI's grant application, the certification described above in Part IIL2.b. and 45 C.F.R. Part 87. After reviewing the results of monitoring phone calls and/or site visits, ACF will specifically raise with SRT any issues concerning SRI's compliance with the conditions and terms described above; create a record of those issues; and take any and all actions that
3

Defendants determine are necessary to ensure SRT's compliance, including by setting a deadline for corrective action and other actions set forth in 45 C.F.R. Part 74 (2005). After reviewing the results of each such monitoring call, and/or reports of site visits, ACF will summarize its findings as to SRT's compliance in an agency record that is subject to the Freedom ofInfonnation Act.
d. During the duration of this agreement, Defendants further agree to provide the Plaintiff (ACLU of Massachusetts) through its counsel (ACLU Reproductive Freedom Project of the ACLU Foundation) with notice that SRT has received a Congressional earmark, or will otherwise be awarded a grant by ACF for abstinence education no later than 30 days after ACF leams of the Congressional eannark or 30 days after SRT has been notified of a grant award. Defendants further agree to provide Plaintiff through its counsel with notice that SRT has applied for a grant from ACF no later than 30 days after ACF receives the grant application.
B. This agreement shall remain in effect until September 30, 2008, which is the last day ofFY08.
C. This agreement does not constitute an admission of the correctness of any position taken by any party in this litigation, or an admission by the Defendants that any of their actions at issue in Plaintiffs' Complaint were contrary to law, statute, regulation, or policy.
D. This agreement in no way precludes Plaintiff from filing suit against Defendants or their successors for failure to comply with the Constitution, federal law, or the tenns of this agreement.
E. The parties shall bear their own attomey fees and costs in this action.
F. By separate stipulation, the Plaintiff and the Defendants shall stipulate to the dismissal of the above-captioned civil action without prejudice pursuant to Rule 41 (a)(l)(ii), Federal Rules of Civil Procedure. IfIntervenor the Silver Ring Thing declines to join the stipulated dismissal, Plaintiff and Defendants shall jointly file a motion to dismiss the action without prejndice pursuant to Rule 41(a)(2).
4

SIGNED AND STIPULATED TO ON BEHALF OF THE PARTIES

FOR THE DEFENDANTS

PETER D. KEISLER Assistant Attomey General

MICHAEL J. SULLIVAN United States Attomey

SHEILA M. LIEBER
, ;;l Deputy Branch Director

/

"

/:/"'/,,, ~

ANTHO~ . JyCOPPOLlNO

(D.C. Bar '0. 417323)

Special Litigation Counsel

United States Department of Justice

Civil Division, Federal Programs Branch

20 Massachusetts Avenue, NW, Room 6102

Dated: February 2006

JU STERNBERG, pro a vice DANIEL MACH,pro hac vice (cooperating
couuscl) CHARU A. CHANDRASEKHAR (motion for
leave to appear pro hac vice to be filed) ACLU Reproductive Freedom Project 125 Broad Street, 18th Floor New York, New York 10004 (212) 549-2633 (phone) (212) 549-2652 (fax)
JARED O. FREEMAN (motion for leave to appear pro hac vice to be filed) CRAIG COWIE, pro hac vice VICTORIA JUEDS, pro hac vice JESSICA TILLlPMAN,pro hac vice AVLANA EISENBERG, pro hac vice Jenner & Block LLP 601 Thirteenth St., NW Suite 1200 South Washington, DC 20005 (202) 639-6000 (phone) (202) 639-6066 (fax)

SARAH WUNSCH (BBO #548767) ACLU of Massachusetts 211 Congress St. Boston, MA 02110 (617) 482-3170, ext. 323

Dated: February Jd, 2006

5

( ; ; . DEPARl'MENr OF HEALTH AND HUMAN """''''''

AUG 22 2005

ADMINISTRATION FOR CHILDREN AND FAMILIES
on Administration Children, Youth and Families 830 C Street. S.w.
Washington, D.C. 20447

Mr. Denny pattyn Silver Ring Thing 530 Moon Clinton Road Moon Township, PA 15108
Dear Mr. Pattyn:
Thank you for the letter sent by the Alliance Defense Fund to Mr. Onsomu Onchonga, dated June 30, 2005, in response to his request, dated June 13,2005.
The Family and Youth Services Bureau (FYSB) has had the opportunity to review th~
infotmaHon you provided, as well as additional information and materials we have collected through our site visits to both a Silver Ring Thing (SRT) event and the SRT offices. We have also reviewed the tenns and conditions ofthe grant and their relation to all applicable federal laws and regulations including, but not limited to 45 CFR 87.1(0) (Federal Register Volume 69, No. 136, July 16,2004). RegUlations governing the CommUnity-Based Abstinence Education funding state the following:
Organizations that receive direct (mancial assistance from the Department may not engage in inherently religious activities, such as Worship, religious instruction, orprosclytlzation, as part of the programs or services funded with direct :financial assistance from the Department, Ifan organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services finlded with direct financial assistance from the Department, and participation must be voluntary for beneficiaries of the programs or services funded with such assistance.
45 CPR 87.1(c),
Our review indicates that the SRT may not have included adequate safeguards to clearly separate in time or location inherently religious activities from the federally-funded activities. Tn particular, it appears that the Federal project that is funded under the SRT grant includes both secular and religious components that are not adequately separated. Based on the information received to date, we do not believe that SRT's actual use of federal funds for its program adequately complies with Federal grant requirements. Accordingly, FYSB is suspending the drawdown ofFederal funds until such Hme as we are confident that the SRT program is in compliance with all relevant federal rules, regulations and policies.

vIG-, SOO/ZOO'd vtV-l

.IDOJ, IDeo,: II ,o-zz-!ny

Page 2 - Mr. Denny Pattyn In addition, we are requiring that the SRT submit to FYSB a COl1.'ective Action Plan (CAP) that remedies the issues identified above. We further request that this Corrective Action Plan be submitted to this office no later than Septem.ber 6, 2005. Xfyou have any questiOl1S please contact Onsomu Onchonga or me at (202) 205-8102.
J Respectfully,
/;~"'1A1 t ~U-~
HarryWhson Associate Commissioner Family and Youth Services Bureau
_WOJ, W'09:( I 90-zz-!nv

DEPARTMENT OF HEALTH &, HUMAN SERVICES
Administration tor Children and Families Administration on Children, Youth and Famines 330 C Street, S.w' Washington, D.C. 20447

II

I

September 20, 2005

Mr. Denny Pattyn Silver Ring Thing 530 Moon Clinton Road Moon Towl1ship,PA 15108 VIA FACSIMILE: 412-264-110.3

Dear Mr. Pattyn:

Tlwl1k you for taking the time to participate in a technical assistance conference call on Monday September 19,2005 at llAM EDT regarding the Silver Ring Thing's (SRT) proposed Corrective Action Plan (CAP) relative to its suspended earmark grant with the Administration for Children and Families. I write to follow up on that call, and to provide additional guidance.

As you know, the Federal government is prohibited frolli funding "inherently religious activities." Enclosedwith this letter is a listing of safeguards that we believe will provide a general frameworkfor addressing the concems we have raised with your program. You may recognize these safeguards sinco they formed tho. bulk of om conference calL We recommend that SRT consider these safeguards when drafting a CAP, ane] provide detailed plans for how the SRT specifically plum to make changes to its program.

I rcspectlhlly request that YOLl submit your CAP to the Family and Youth Services Buroau \vithin 10 daysr.cccipt of this lett~r - by TuosciayOctober 4,2005. Should you have any questions, or need any additionalinfollnation, please feel free to contact Ms Annie Miller, Abstinence Education Program Specialist, at 202-401-9205.

Respectfully,

. rirnbath, M.Div. Director, Abstinence Education Family and Youth Services Bureau

Safeguards Reg uired

L Separate and Distinct Programs
Any abstinence education program with religioLis content must be a separate and
di.stinct program from the federally fundeoabstincncc Cduc,ltioll program, and the distinction must be completely clear to the .eonsumer. Somo of the ways in which this may be accomplished include, but are not limited to, the following examples:

• Creating separate and distinct names lor the programs;

• Creating separat.e and distinct looks for the promotionalmatcrials used to promote

each program; and

.

• Promoting only the federally ftmded abstinence education program in materials,

wcbsitcs,. or comtll.crcials purchased with any por(ion of the federal funds.

45 CFR 87.1 (c). ("Organizations that receive direcljinancial assistancefi'Oi'I"I rhe Department under any Department program may not engage in inherently religious activities, such as worship, religious illstrzlction, or proselytizatiol1, as part of the programs 01' selllicesfi{nded with direct financial assisl!1nce from the Department. ''). 69 Fed Reg. 42586, 42593 (2004).

2. Separate Pre,sentatiolls Completely separate the presentation of any abstinence education prognlrn with religious content from the presentation of the federally fllndedabstillencc education program by time or 10catio11 iJl such a way that it is clear that the tlOJO programs are
separate and distinct.· If separating the two programs by time but presenting them in
the same location, one programm\lsi completely end before the other program begins.
Some of the ways in which.separation ofprescntatiol1S may be accomplished include,
but are not limited to, the following exarnples.:

• The programs are hcldin comp1ctely different sites or all completely .differellt days,

• The programs arc held at tile same site at completely different times, Scpamtion may be accomplished through such mcans as: Have suffkient time between the two programs to vacate the room, turn down the lights, leave the stage, etc. in order to reasonably conclude the first program bdore beginning the second; Completely dismiss the partici.pants of the first program;
The second program could follow in the same room or,where feasible, in a different room to further ciistingnish the difference between the programs.

• The programs are held ill different locations of the same sHe at the same

time:

Separation may bo accomplished through such means as:

Completely separate registration locations; and

Completelyseparate areas where programs are held snch as by room, ballway,

or Hoor, ctc.

.

45 CFR 87.1. (c). ("Ifan organization conduct~ [inherently "eligiousJ activities. the activities must be ojTered separately, in time or location, fi'om the programs or services jim ded with directfinancialassistancefrom the Departmel1l . ... ''). 69 Fed. Reg. 42586, 42593 (2004).
I\l0te: federal guidelines that have been drafted for situations where a federal grantee also provides religious programming use examples where an organization offered programs that are completely different ft:om eilch.other such as a soup kitchen and a prayer meeting. Because the SRT organization offers two programs that both promote abstinence until marriage and because the clients served arc children, it is very impomll1t that the separation between the programs be accentuated.
3. Religions M.aterials Eliminate all religions materials from the presentation of the federally funded abstinence edllcation program. This inelu'des: • Rings with religious messages; . • Bibles; • Abstinence vows with religious references; • Registration materials that inelude religious inquiries Or refer"l1ces; • Follow np activities.that include or lead to religious outreach; and • Religiollscolltent in parent materials.
45 CPR 87.1. (c), ("If an organization conducts [inherent!)! religious! activities, the activities must be offered separately, in time or location, from the programs or services fimded with direct financial assistance Fom the Department . ... "). 69 Fed. Reg. 42586, 42593 (2004) ..
4. Cost Allocation' Demonstrate thnt federal funds are only being used for the kdcrally 1imded abstinence education program. Some of the ways in which separation of fnnds may be accomplished ineli.lde,bui are not limited to, the foliowing examples:
• Implement the use of time sheets that keep track of all staff hoUl'S charged to the federally funded grant, whether the staITwork in other programs or not.
• Require any staff working in both federally funded programs and other programs to clearly indic.ate how many hours. arc spent on each program.
• If 3ny staff work on hoth a federally flmdc.'<1 program and a nOll-federally Iunded program at the same site oi1 the same day, reqUire the staff to clearly indicate not only how many hours are spent on the federal program but also wlrich S1Jccific hours are spent on the federal progmm. The hour.s should reflect that time spent on any abstinence education program with religiolls content have been complelely separated from bours spent on the federally funded abstinence education program.
• Show cost allocations for all .items and activities that involve both programs such as staff time, equipment, or other expenses such astrave! \0 event sites. This may be accomplished through such means as:
Example: iftransportation is used to go to a site where a federally funded abstinence education program is conducted and a religious or non-religious program funded tluough othel" means is also conducted by the grantee at the same site,. one half of the travel costs (gas, lodging, etc.) should be charged

to the federal program, .If !lIree separate and distinct programs are conducted at a site by a federaLly funded grantee and one of them is the federally fll11ded program, only one third of the travel costs should be charged to the fedoral program, etc,

Example: if an electronic device is used 30% of the timo [or the federally funded abstinence education program, this should be demonstrated through clear record keeping, Only 30% of the cost of the electronic device should be charged to the program.

OMB CircuLar A-I 22, Attachment A. § AA,a, (2); 45 C.F.R. 87.1, .

5. Advertisements Federally funded programs cannot limit advertising the grant program services to only religions target populations.

45 CPR 87.1 (e). ("An organization tho/participates in programsjimded by direct financial assistance pom the department shall not, in providing services, discriminate against a progrmn beneficimJ! or prospective beneficiary on .the basis ofreligion or religious belief 'j

6. Invitation toRcligious pj'ogram

At the end oflhe federally funded abstinence education program, grantee may

provide a bricfand non-coercivc invitation to attend the religious abstinence

education rirogram,

.

The invimtion should make it very clear that this is a separate program from the federally fUl1dedahstinence education program, that parlicipltllts arc not required to attend, and that participation in federally funded programs are not contingent on participation in other programs sponsored by the grantee organization,

Religious materials, such as theSilver Ring Thing Bible, a ring with religious elements, and registration that includes religions follow-up may only be provided in the privately funded program rather than the federally funded program.

45 CPR 87.1 (c),. ("participatioll [in allY pNvately jimded ini1erel1liy religious activitiesj must be voluntcu)! jor beneficiaries of the programs or services/itnded with [direc/federal financiafl assi'sla!1Ce"). 69 Fed. Reg. 42586, 42593 (2004),

 
 CM/ECF - USDC Massachusetts - Version 3.0.5 - Docket Report

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United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:05-cv-11000-JLT

CLOSED

American Civil Liberties Union of Massachusetts v. Leavitt et al Date Filed: 05/16/2005

Assigned to: Judge Joseph L. Tauro

Date Terminated: 02/23/2006

Cause: 28:2201 Constitutionality of State Statute(s)

Jury Demand: None

Nature of Suit: 440 Civil Rights: Other

Jurisdiction: U.S. Government Defendant

Plaintiff
American Civil Liberties Union of Massachusetts

represented by Avlana Kinnert Eisenberg Jenner & Block, LLP 601 Thirteenth Street, N.W. Washington, DC 20005 202-637-6313 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Caroline Mala Corbin ACLU Reproductive Freedom Project 18th Floor 125 Broad Street New York City, NY 10004 212-549-2633 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Craig Cowie Jenner & Block, LLP 601 Thirteenth Street, N.W. Washington, DC 20005 202-637-6313 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel Mach Jenner & Block 601 Thirteenth Street, N.W. Washington, DC 20005 202-637-6313 Email: dm5red@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jessica Tillipman Jenner & Block, LLP

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Suite 1200 South 601 Thirteenth Street, NW Washington, DC 20005 202-637-6313 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie Sternberg ACLU Reproductive Freedom Project 18th Floor 125 Broad Street New York City, NY 10004 212-549-2633 Fax: 212-549-2652 Email: jsternberg@aclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sarah R. Wunsch ACLU of Massachusetts 3rd Floor 211 Congress Street Boston, MA 02110 617-482-3170 Fax: 617-451-0009 Email: wunsch@aclum.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas Pulham Jenner & Block, LLP Suite 1200 South 601 Thirteenth Street, NW Washington, DC 20005 202-637-6313 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Victoria Howard Jueds Jenner & Block, LLP Suite 1200 South 601 Thirteenth Street, NW Washington, DC 20005 202-637-6313 LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Mike Leavitt Secretary of US Department of Health and Human Services, in his official capacity
Defendant Wade Horn Assistant Secretary for Children and Families, in his official capacity
Defendant Harry Wilson Associate Commissioner for the Administration on Children, Youth and Families, in his official capacity Intervenor Defendant The Silver Ring Thing Ministries, Inc.

represented by Anthony J. Coppolino United States Department of Justice -FPB 20 Massachusetts Avenue, NW Room 6102 Washington, DC 20530 202-514-4782 Fax: 202-616-8460 Email: tony.coppolino@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Anthony J. Coppolino (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Anthony J. Coppolino (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joel L. Oster Alliance Defense Fund 15192 Rosewood Leawood, KS 66224 913-685-8000 Fax: 913-685-8001 Email: joster@telladf.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin H. Theriot Alliance Defense Fund 15192 Rosewood Leawood, KS 66224 913-685-8000 Fax: 913-685-8001 Email: ktheriot@telladf.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert L. Kilroy Mirick O'Connell DeMallie & Lougee, LLP 1700 West Park Drive Westborough, MA 01521-3941 508-898-1501

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Fax: 508-898-1502 Email: rlkilroy@modl.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/16/2005 05/16/2005 05/16/2005 05/16/2005 05/16/2005
05/16/2005 05/17/2005 06/23/2005 06/23/2005 06/23/2005 06/23/2005 06/24/2005

#

Docket Text

1 COMPLAINT against all defendants Filing fee: $ 250, receipt number 64282, filed by American Civil Liberties Union of Massachusetts. (Attachments: # 1 Civil Cover Sheet)(Abaid, Kim) (Entered: 05/17/2005)
If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Dein. (Abaid, Kim) (Entered: 05/17/2005)
Summons Issued as to Mike Leavitt, Wade Horn, Harry Wilson, U.S. Attorney and U.S. Attorney General (Abaid, Kim) (Entered: 05/17/2005)
2 NOTICE of Appearance by Sarah R. Wunsch on behalf of American Civil Liberties Union of Massachusetts (Abaid, Kim) (Entered: 05/17/2005)
3 MOTION for Leave to Appear Pro Hac Vice by Daniel Mach, Jessica Tillipman, Thomas Gary Pulham, Victoria Howard Jueds, Julie Sternberg, and Caroline Mala Corbin Filing fee $ 300.00, receipt number 64282. by American Civil Liberties Union of Massachusetts. (Attachments: # 1 Certificate of Daniel Mach# 2 Certificate of Jessica Tillipman# 3 Certificate of Thomas Gary Pulham# 4 Certificate of Victoria Howard Jueds# 5 Certificate of Julie Sternberg# 6 Certificate of Caroline Mala Corbin)(Abaid, Kim) Additional attachment(s) added on 5/19/2005 (Abaid, Kim). (Entered: 05/17/2005)
4 CORPORATE DISCLOSURE STATEMENT by American Civil Liberties Union of Massachusetts. (Abaid, Kim) (Entered: 05/17/2005)
5 SUMMONS Returned Executed by American Civil Liberties Union of Massachusetts. US Attorney's Office served on 5/16/2005, answer due 7/15/2005. (Abaid, Kim) (Entered: 05/17/2005)
6 NOTICE of Appearance by Robert L. Kilroy on behalf of The Silver Ring Thing Ministries, Inc. (Kilroy, Robert) (Entered: 06/23/2005)
7 MOTION for Leave to Appear Pro Hac Vice by Kevin H. Theriot and Joel L. Oster by The Silver Ring Thing Ministries, Inc..(Kilroy, Robert) (Entered: 06/23/2005)
8 MOTION to Intervene Unopposed by The Silver Ring Thing Ministries, Inc..(Kilroy, Robert) (Entered: 06/23/2005)
9 MEMORANDUM in Support re 8 MOTION to Intervene Unopposed filed by The Silver Ring Thing Ministries, Inc.. (Kilroy, Robert) (Entered: 06/23/2005)
Filing fee: $ 100.00, receipt number 65205 regarding 7 Motion for Pro Hac Vice (Abaid, Kim) (Entered: 06/27/2005)

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06/27/2005 06/27/2005 06/27/2005
06/27/2005 06/29/2005 07/07/2005 07/15/2005 07/28/2005 08/03/2005 08/04/2005 08/05/2005 08/17/2005 08/18/2005

Notice of correction to docket made by Court staff. corrected because: Corrected the Proposed Intervenor Silver Ring Thing, Inc. to be listed as Movant until motion to intervene is ruled on. (Abaid, Kim) (Entered: 06/27/2005)
Judge Joseph L. Tauro : Electronic ORDER entered granting 7 Motion for Leave to Appear Pro Hac Vice Added Joel L. Oster for The Silver Ring Thing Ministries, Inc., Kevin H. Theriot for The Silver Ring Thing Ministries, Inc. (Abaid, Kim) (Entered: 06/27/2005)
Judge Joseph L. Tauro : Electronic ORDER entered granting 3 Motion for Leave to Appear Pro Hac Vice Added Julie Sternberg for American Civil Liberties Union of Massachusetts, Caroline Mala Corbin for American Civil Liberties Union of Massachusetts, Daniel Mach for American Civil Liberties Union of Massachusetts, Victoria Howard Jueds for American Civil Liberties Union of Massachusetts, Thomas Pulham for American Civil Liberties Union of Massachusetts, Jessica Tillipman for American Civil Liberties Union of Massachusetts (Abaid, Kim) (Entered: 06/27/2005)
10 NOTICE of Appearance by Anthony J. Coppolino on behalf of Mike Leavitt, Wade Horn, Harry Wilson (Coppolino, Anthony) Additional attachment(s) added on 6/29/2005 (Abaid, Kim). (Entered: 06/27/2005)
Notice of correction to docket made by Court staff. Correction: Docket Entry 10 corrected because: Replaced unsigned document with signed version. (Abaid, Kim) (Entered: 06/29/2005)
Judge Joseph L. Tauro : Electronic ORDER entered granting 8 Motion to Intervene (Abaid, Kim) (Entered: 07/12/2005)
11 Federal Defendants ANSWER to Complaint by Mike Leavitt, Wade Horn, Harry Wilson.(Coppolino, Anthony) (Entered: 07/15/2005)
12 NOTICE of Change of Address by Sarah R. Wunsch (Wunsch, Sarah) (Entered: 07/28/2005)
13 MOTION for Leave to Appear Pro Hac Vice by avlana kinnert eisenberg and craig cowie by American Civil Liberties Union of Massachusetts. (Attachments: # 1 Affidavit eisenberg certificate# 2 Affidavit cowie certificate)(Wunsch, Sarah) (Entered: 08/03/2005)
Filing fee: $ 100.00, receipt number 66001 regarding 13 Motion for Pro Hac Vice (Abaid, Kim) (Entered: 08/11/2005)
Judge Joseph L. Tauro : Electronic ORDER entered granting 13 Motion for Leave to Appear Pro Hac Vice Added Avlana Kinnert Eisenberg for American Civil Liberties Union of Massachusetts, Craig Cowie for American Civil Liberties Union of Massachusetts (Abaid, Kim) (Entered: 08/11/2005)
14 MOTION for Extension of Time to September 6, 2005 to To respond to complaint by The Silver Ring Thing Ministries, Inc..(Oster, Joel) (Entered: 08/17/2005)
Notice of correction to docket made by Court staff. corrected because: Added attorney Kilroy to the docket. (Abaid, Kim) (Entered: 08/18/2005)

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09/06/2005 10/27/2005 10/27/2005 11/08/2005 11/10/2005 12/27/2005 01/12/2006 01/31/2006 02/23/2006 02/23/2006 02/24/2006
03/06/2006

15 Intervenor ANSWER to Complaint by The Silver Ring Thing Ministries, Inc..(Oster, Joel) (Entered: 09/06/2005)
16 NOTICE of Scheduling Conference Scheduling Conference set for 12/6/2005 11:00 AM in Courtroom 20 before Judge Joseph L. Tauro. (Abaid, Kim) (Entered: 10/27/2005)
17 Judge Joseph L. Tauro : RULE 26 DISCOVERY ORDER entered. (Abaid, Kim) (Entered: 10/27/2005)
Judge Joseph L. Tauro : ElectronicORDER entered denying as moot 14 Motion for Extension of Time (Abaid, Kim) (Entered: 11/08/2005)
NOTICE : Scheduling Conference set for 12/6/2005 is re-scheduled for 1/4/2006 11:30 AM in Courtroom 20 before Judge Joseph L. Tauro. (Lovett, Zita) (Entered: 11/10/2005)
NOTICE OF RESCHEDULING Scheduling Conference is rescheduled for 2/7/2006 11:00 AM in Courtroom 20 before Judge Joseph L. Tauro. (Abaid, Kim) Modified on 12/27/2005 (Abaid, Kim). (Entered: 12/27/2005)
18 NOTICE of Change of Address by Joel L. Oster (Oster, Joel) (Entered: 01/12/2006)
19 JOINT STATEMENT re scheduling conference. (Wunsch, Sarah) (Entered: 01/31/2006)
20 NOTICE of Voluntary Dismissal by all parties (Coppolino, Anthony) (Entered: 02/23/2006)
Civil Case Terminated. (Abaid, Kim) (Entered: 02/24/2006)
Judge Joseph L. Tauro : Electronic ORDER entered. ELECTRONIC ENDORSEMENT re 20 Notice of Voluntary Dismissal filed by American Civil Liberties Union of Massachusetts,, Mike Leavitt,, Wade Horn,, Harry Wilson,, The Silver Ring Thing Ministries, Inc., - APPROVED(Abaid, Kim) (Entered: 02/27/2006)
E-Mail Notice sent to secondary address for Daniel Mach returned as undeliverable. Name of Addressee: Daniel Mach. The ECF Help desk contact the law firm, who advised that the attorney is no longer employed at the firm. The secondary e-mail address has been removed to prevent the return of additional undeliverable e-mail notices. (Hurley, Virginia) (Entered: 03/06/2006)

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