6th Circuit En Banc Rehearing Sought In "Teen Ranch" Case

On Tuesday, a petition for en banc review by the U.S. 6th Circuit Court of Appeals was filed in Teen Ranch v. Udow (see prior posting). The panel's decision upheld Michigan's decision to cut off placement of abused, neglected and delinquent children with Teen Ranch, finding its program coerces religious participation by the youths. Representing Teen Ranch, the Alliance Defense Fund announced the appeal which argues that teenagers initially placed with Teen Ranch can opt out and be transferred to a different rehabilitation program. The Petition For Rehearing argues that these "'opt-out' procedures result in 'private choice' controlling the flow of state funds to religious groups, thus insulating the state from an Establishment Clause violation."