Goehring v. Brophy

94 F.3d 1294, 1996 WL 495165
CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 3, 1996
DocketNos. 94-16453, 95-15009
StatusPublished
Cited by81 cases

This text of 94 F.3d 1294 (Goehring v. Brophy) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goehring v. Brophy, 94 F.3d 1294, 1996 WL 495165 (9th Cir. 1996).

Opinions

FERGUSON, Circuit Judge:

The plaintiffs, students at the University of California at Davis (“the University”), appeal the district court’s grant of summary judgment in favor of the University with respect to their free exercise of religion claim. The plaintiffs allege that the University’s mandatory student registration fee violates their right to free exercise of religion because the fee is used, in part, to subsidize the University’s health insurance program, which covers abortion services.

On appeal the students challenge: (1) the district court’s grant of summary judgment to the University; (2) the district court’s denial of the students’ request for attorney’s fees pursuant to 42 U.S.C. § 1988; (3) the district court’s denial of the students’ request for discovery and an evidentiary hearing on the issue of attorney’s fees; and (4) the district court’s denial of the students’ request for attorney’s fees pursuant to 28 U.S.C. § 1927.

I. Procedural Background

On June 16, 1992, Gregory Goehring filed suit in district court against the Regents of the University of California and various officers of the University. On December 4, 1992, Goehring filed an amended complaint, adding five plaintiffs, and asserting six causes of action. The first three causes of action were “compelled speech” claims in which the plaintiffs alleged that their First Amendment rights to free speech were being violated by the University’s policy of using mandatory student fees to finance the following activities: (1) the lobbying activities of the Associated Students of the University of California at Davis; (2) certain courses offered at the University’s Experimental College; (3) the University’s Women’s Research and Resources Center; and (4) the Third World Forum, a student newspaper. The fourth cause of action alleged that the University’s provision of student health insurance, which included coverage for abortion services, violated the Hyde Amendment, Pub.L. No. 103-333, § 509, 108 Stat. 2539, 2573 (1994).1 The fifth cause of action alleged that the use of student fees to fund the Experimental College violated the Establishment Clause. The sixth cause of action alleged that the University’s practice of subsidizing student health insurance with mandatory student registration fees violated the students’ rights to free exercise of religion because the University’s student health insurance covered abortion services.

The district court dismissed all but the sixth cause of action, the free exercise of religion challenge. Subsequently, the district court granted the University’s motion for summary judgment on this claim. The students appeal only the district court’s grant of summary judgment on the free exercise of religion claim2 and its rulings on the attorney’s fees issues.

[1298]*1298II. Discussion

A. Free Exercise of Religion Claim

We review a grant of summary judgment de novo. Jesinger v. Nevada Fed. Credit Union, 24 F.3d 1127, 1130 (9th Cir.1994). We must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court properly applied the relevant substantive law. Id.

The University has separate student health insurance programs for undergraduate students and for graduate and professional school students. Undergraduates are not required to have any health insurance, although they may choose to purchase it through the University’s Undergraduate Student Health Insurance Program. The undergraduates who purchase insurance through the program receive a subsidy on their premiums in the amount of $18.50 per student, per quarter, which is taken from mandatory student registration fees.

Graduate and professional school students at the University are required to have health insurance. Under the Graduate Student Health Insurance Program, mandatory fees are collected from graduate and professional students to finance this program. This mandatory fee was established in 1989 after it was approved in a referendum by 87% of the graduate and professional students who voted. Graduate and professional students may opt out of the insurance program by demonstrating that they have qualifying health insurance from another provider. Those students who purchase insurance through the program receive a subsidy of $18.50 per insured student, per quarter, from registration fee receipts to reduce the cost of their premiums.

The University provides health services on campus to minimize the disruption of its students’ academic pursuits due to illness or injury. The health insurance programs offered by the University cover a variety of services, including abortion services. However, abortions are not performed at the University’s Student Health Center. Any student seeking an abortion is referred to an outside provider. The plaintiffs in the present case, undergraduate and graduate students, object to subsidizing the cost of abortions through their student registration fee subsidy. The plaintiffs allege that their sincerely held religious beliefs prevent them from financially contributing to abortions, and therefore, the student subsidy violates their right to free exercise of religion under the First Amendment.

The Religious Freedom Restoration Act of 1993 (“the Religious Freedom Act”), 42 U.S.C. § 2000bb (Supp. V1993), provides the framework for analyzing the plaintiffs’ free exercise of religion claim.3 The Religious Freedom Act provides in pertinent part:

(a) IN GENERAL. — Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b) of this section.
(b) EXCEPTION. — Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person—
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling governmental interest.4

[1299]*1299To establish a violation of the Religious Freedom Act, the plaintiffs in the present case first must show that the University’s subsidized health insurance program substantially burdens their right to free exercise of religion. If the plaintiffs are able to establish a substantial burden, the University must then demonstrate that its subsidized health insurance program is constitutionally permissible because it satisfies strict scrutiny. To do this, the University must show that: (1) its subsidized health insurance program furthers a compelling interest; and (2) its insurance program is the least restrictive means of furthering that compelling interest.

1. SUBSTANTIAL BURDEN

In construing the Religious Freedom Act, we look to our decisions prior to Smith, in which this court held that:

To show a free exercise violation, the religious adherent, ...

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Cite This Page — Counsel Stack

Bluebook (online)
94 F.3d 1294, 1996 WL 495165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goehring-v-brophy-ca9-1996.