IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT

CATHOLIC CHARITIES OF THE DIOCESE OF

SPRINGFIELD-IN-ILLINOIS, an Illinois
non-profit corporation, CATHOLIC
CHARITIES OF THE DIOCESE OF PEORIA,
an Illinois non-profit corporation,
and CATHOLIC CHARITIES OF THE DIOCESES
OF JOLIET, INC., an Illinois non-profit
corporation,
Plaintiffs,
v.
STATE OF ILLINOIS, L I S p ~ I'1p.DIGAN, in her
Official capacity as the Attorney General}
of the State of I linois, ERWIN McEWEN,
in his official capacity as Director of
the Department of Children & Family
Services, State of Illinois, the
DEPARTMENT OF CHILDREN & FAMILY SERVICES,
State of Illinois, ROCCO J. CLAPPS in his
official capacity as Director of the
Department of Human Rights, State of
Illinois, and the DEPARTMENT OF HUMAN
RIGHTS, State of Illinois,
Defendants.
HEARING
NO. Il-t'lR-254
REPORT OF THE l?ROCEEDI GS of the h Id
before the HON RABLE JOHN SCHMIDT, 00 the 12t dav or
July, 2011.
APPEAHl\NCES:
MH. THOMAS BREJCHA, MR. PETER BREEN and
IViR. EO FF,
Attorneys at Law
on behalf of the Plaintiffs.
MISS PATRICIA GIBSON,
Attorney at Law
on behalf of the Plaintiff, Diocese of
Peoria.
MISS DEBORAH L. BARNES,
Assistant Attorney General
on behalf of the Defendants State of
Illinois.
Andrea S. Pryor, CSR
Of icial 0 rt Reporter
Room! 2 Sangamo County Complex
SprinC] e1d
r
IL 627
53-639
2 WITNESSES PAGE
3 None
4
5
6
7
8
9 EXHIBITS
10 None
I2
13
14
16
18
19
o
21
2:3
1 THE COURT: This is 2011-MR-254, Catholic Charities
2 of the Diocese of Springfield, Catholic Charities of the
3 Diocese of Peoria, Catholic Charities of the Diocese of
Joliet versus State of Illinois; all of the following
5 individuals in their officia capacities, Lisa Madigan,
6 Attorney General, Erwin McEwen, Director of Department
7 of Children and Farrei y Services, Rocco Clapps, Director
8 of the Department of Human Rights. That appears to be
9 it.
10 Present for Catholic Charities is Mr. Brejcha.
'1 1
1.L
13
14
:J name.
fvlR.
THE COURT:
I':JR. BREJCHA:
THE COURT:
Good afternoon.
Is that correct, Breck-cha?
Breck-ca is how you say it, Judge.
T hate it when people mispronounce my
L"lR. BREJCHA: That's rlgnt. Judge, with me is
Ii Peter Breen, B-R-E-E N, from our office.
18 co RT: 1vi r . Huff lS here?
9 ['-iR. HUFF: Yes.
2
22
3
24
BREJCHA:
THE COURT:
ivj S3 GIBS01\1:
HE COUR
ISS GIBS
Is there a Patr Cl2 c son?
Yes
iss Gis 0 r ho 2 re yo ?
1
2
THE COURT: And a James Byrne, B- -R-N-E.
Mr. Byrne is not here today.
3 THE COURT: No, 1"1r. Byrne, okay. Very good.
4
parties.
Those individuals all present for the various
Catholic Charities, Brejcha and Breen
6 represent, I believe, all of them; t'1i33 Gibson for the
7 Peoria Diocese, and that \>Jould be it so far. tvir. Huff,
8 also here for Catholic Charities; for the State of
9 Illinois, 1
v
1i33 Barnes, Assistant ? ~ t t o r n e y General, is
1U that correct?
11
12
MISS Bl\RNES:
THE COURT:
Yes.
Okay, introductions out of the way.
13 I have rece ved this afternoon -- or late this
1,4 morning, the Defendants I Response, the Defendants'
15 Response for Leave to Fi e an Amended -- to Defendants'
16 Response to PIa ntiffs' Motion for Leave to File an
Amended Supplemental Complaint and a Motion to Dismiss
18 for Mcotness.
19 T '>lOU I ake the moctness issue up
20 first. es an one have anv ob ectio o that?
L"lR. BREJCHA:
Your onor?
does ne Stat go
23
24
THE COURT: The Stat has a motion cIa i 9 th s is
1 BREJCHp.: Yes, Your Honor. So I will claim we
2 hear this mootness issue first.
3 THE COURT: All right, Your Honor, T haven't
4 received that particular motion. It's not unexpected.
.5 If there's another copy of it?
6 t'1ISS r;Jr. Brejcha, it I s the Supplemental
7 Response that we filed yesterday.
8 Oh, I see, I see. Okay. Yes, Your
9 Honor, I have no objection to proceeding, hO\12Ver the
10 Court weD d prefer.
11 THE COURT: jery good. Niss Barnes?
12 rvlISS BAENES: Your Honor, the Plaintiffs formerly
13 held contracts with the Department of Children and
4 Family Services for the provision of foster care
15 licensing and adoption care serVlces. Those contracts
16 expired at the end of June. After seme discussion, the
if parties could not reach an agreement to enter into Dew
18 contracts.
19 is clear, \'ie believe, from the tenor of
20 the r request for 1n' Dctive relief, as weI as the
underly ng Cemp a 'it
f
t at the relief thev seek as
22 eve ything to de with holding these e traet because
23 they no enger ho d nese eo tracts
f
and neea se
ce ta t-' ere is no sta cory n,n 1S <J IC gIves
1 them a rl t to these contracts, we believe there's DO
2 case or controversy at this point for this Court to take
3 a look at, and the matter at this point appears to be
4 moot.
5 In addition, with respect to the Attorney
6 General, no enforcement action has been taken at this
7 point. That's, I suppose, aside from the mootness
8 issue, but I just -- for your information, is the
9 situation.
10 So because there are no contracts between DeFS
11 and the Plaintiffs, we believe that the entire
12 proceeding is moo
13
14 BREJCHP-,- :
Mr. Brejcha?
If the Court please. invite a
-: c
stipulation. Tf ~ h e Court will a low me to do it from
16 the Attorney General that her office will not take any
17 further action against our c lents pursuant to that
18 letter of March 8th of this year, advising these three
19 charitable orga zations, parts of their Roman Cat olie
Ulocese, at they had notice that they were lD
violation of the ~ , lnolS Dma R ghts Act
f
2 they c.re i hdrawing that c ~ ega io and they ar end g
at.. investigation h re in this oom at T is
24 ver app ayth t,
1 heard nothing of serts. tr1e have heard nly
2 the opposite! that in fact, our clients, our belief to
3 be guilty of vic at ions of that Human Ri ts Act, and it
4 applies to them, as places or public accommodation under
5 the law of the State of I linois. In fact, we
6 profoundly disagree with that. After deep study, we
7 have detailed and delineated the reasons why we disagree
8 with that and the original Complaint, and further, in
9 our Amended Supplemental Complaint, we are asking leave
10 to file cday, and indeed we met with the Deputy
11 Attorney General and other officials --
THE COURT: I don't mean to interrupt you,
13 Mr. Brejcha, but you need to tell me why l ~ lS m o o ~ , why
14 it is not moot. ~ mean, they are saying basiea ly your
15 contracts were not renewed. Therefore, it's moot; it's
16 ever.
17 tvIR. BREJCHA: V'Jell, as a matter of fact, Judge,
18 that's a different there are two parts to this case.
19 T ere is the investigation by the Attorney General based
20 on their advice to why t ey fauna us lD io atian, a d
requested under t e statute a Darticular provlsloD
22 of t e Human Rights Act that e provide information.
23 have as ed them to bac om hat. So we
24 e r rei tna
_ e
a 2 Dac ing r ort
except for this suggestion. That's why I asked for that
2 stipulation.
3 THE COURT: I understand that.
4 MR. BREJCHA: But let's leave that on the table and
5 move on to this issue of contracts.
6 Your Honor, with deference, distinguished
7 counsel cou d not be more in error. This is not a
8 one-time contract. This is not a bid for a new
9 contract. This is in fact a decade's long series
1 contracts that have been renewed y for decades.
11 These Plaintiffs go back many years, and what's really a
12 relational arrangement, not simply a transactional
13 arrangement, a single construction project or something
Inc. v.
of the sort and under the case Bio-
.
14
15 '?lhich '?Je have cited to the Court, our clients
16 have a protect able 1ega interest in their expectation
of continuing to receive State payments. In this case,
18 it was j\jledicaid payments to a doctor, on beha f of
19 Medicaid recip ents. "'"';: our case,
tIs foster parents
"or a
tion sirua ions, whom the r ntractor, this
21 c:as2
j
Catholic
Thus,
and I quote rrom the
ois
23 d at Page Hlnterru io of an existing
24 reI tio ship bet en the q vernme enG a on racY
1 places the contractor in a dif ereot posture from one
2 initially seeking government contracts and can carry
3 with it grave economic consequences.'f
4 So the genera rule here is that those who,
5 like our Plaintiffs, seek to continue a pre existing
6 contractual relationship with the State have standing to
7 challenge Stote agencies who decide, as in this case, on
8 illegal, legally incorrect and lawless grounds that they
9 may terminate that relationship.
10 A subsequent case, od v. Pucckorius which
lS also cited in our motion, Your Honor, distinguishes
12 8i -Medical because in that case there was nc quote,
13 l'expectation of continuing.
11
Here, there is every
14 expectation of continuing. Indeed, even after we had
15 th s meeting on June 20th with the Deputy Attorney
16 General and others, our olients received their reviews
17 for the last year from the Department of Children and
18 Family Services which were extremely positive, reminding
9 one or more of them that their rat ng was among the
20 h ghest lD _ eState. There was never, never a y
expecta ion other an that e wo cant this
relat ons lp. o the co trary, there was ne er ev n a
3 hint that e auld e There was never a
no ice T UD e s e omplied w h the la
Tho laws
1 that were inapplicable to us, as a matter of law, we
2 would be terminated. There was instead repeated
3 invitations that we followed the lead of cur sister
4 agency, the Diocese of Rockford Catholic Charities, and
5 simply bow cut voluntarily and walk away gracefully.
6 Our clients felt they could not in good conscience do
7 that. They felt a religious mission to continue their
8 charitable work and leave the families and children whom
9 they service instead of quote, stability even permanency
10 being paramount objectives in social welfare situations
11 such as this.
12 Your Honor, the termination happened
13 precipitously, Friday evening, just about at the close
of business. ,,\]e looked at it
as an of desperation.
15 Frankly, he grounds stated - the sale stated grounds
16 were that we did not
17 THE COURT: T shouldn't have talked over him.
" n
i..O MR. BREJCHA: k a little bit much too,
19 perhaps.
20 say is we ha e taken a good
look the regu DS and find he on lS
22 not proper
f
v1 thcut a IS 1
notice, ithout otice aD
5 oppo to be heard. as a federal tiqat on
24 l 1990
1
these he e S -i.- .le hieh e
1 haven't briefed LO you because there was no termination
mentioned where indeed iL was held that there's a
3 protectab e property interest on the part of a child
4 welfare agency in continuing its relationship. Frankly,
5 Judge, oppos ng counsel said they don't object, I guess,
6 apart from this mootness issue to our Motion for Leave
7 to File an Amended Supplemental Complaint.
8 THE COURT: Well, I want to do this in logical
9 sequence, and it seems -l.. l c a ~ to me to address the
10 mootness issue.
11
12
MR. BREJCH1\: All right, Your Honor.
If we cross that hurdle, then move on
3 to your Motion to File an Amended Complaint, and if we
14 cross that hurdle, then hear the Motion for Temporary
15 Restraining Order.
16 Is there an n:Ulg else, Counsel?
17 MR. BREJCHA: Your Honor, everything is the same as
R
u has ever been. We would like to point that out.
19 There s no
, , '
lItUneala e cessation the relat ons b
20 these oa les. We are to d that the State lS advise
us of a transit 0 some k nd era sitieD for t -sse
hat fOOO G 11 ren un er the care of he
Cathol c ~ arities age Cles a e cero e he Court
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1 and those legal issues are new as live as they ever were
and will continue to be live until resolved. That's
3 where we are here, Ju e. We are here on an emergency
basis, because In fact, this transition is gone, it
5 will indeed impact the lives of children and families,
6 not only the Plaintiffs themselves, as kids WOLl d be
7 wrenched from circumstances in which they have been
8 placed in the public interest and certainly in their
9 paramount best interest.
THE COURT:
THE COURT:
Thank you, Mr. Brejcha.
Thank you, Your Honor.
to the meotness lssue, the Court
finds that this issue is net moot. I repeaL, this issue
14 is not moot. The case the State cites to the Court is
15 clearly distinguishable. That case was a project come
16 to an end in terminating. Here the projec of foster
17 placement and adoption doesn't come to an end. It's
18 ongoing. The State is still going to do that In one
19 fash On or another.
reever, WaD d note his rna t t r if] a s
21
,-, e
June ' e he State was on 0"[ ce 0 this
lawsuit on June the -
2 Summons s being ser eo.
23 June he the Att rile Gene.ra artment of
Idren Familv Serv ces, '..-}Ll the 9t Jlln the
7th, Ewen McGregor, (sic.) f and it;;; get a letter dated
2 June All of a sudden your contract is not going to
3 be r e n elt; e d the appearance not: on Miss Barnes'
4 part whatsoever, but has the appearance of SOme
gamesmanship, and that's going to defeat a claim to
6 be brought in this court. Motion for mootness is
7 denied.
8 Now, as to the Motion to File an Amended
9 Complaint, Miss Barnes?
o MISS BARNES: It seems to me that the first -- one
of the issues that this should address first .is
12 ,,'1hether this Camp aln!:, as amended, would cure any
13 deficiencies that are raised in the motion -- in tho
14 objection the TEO. Adding the Department of Human
15 Rights to this proceeding, don't think would cure
16 anythirlf:J.
THE COURT: understand, but r ght now, we have an
18 Amended Metion sitting in the Court file, and I don't
19 know If you object to it or not on behalf of the
It's prop rly Del ore Ceurt u T ma ke a
21 cieClS on a 2
T t
GOl g v alle1'J
to ile t.
So h'hat! the S acets pos tion filing eir
23 Petition for Dec aratory Relief a d smoo ary
Rest 2lnln Or
r'")
t'1ISS BARNES: Given the Court's comments
t
we
2 wouldn't have any objection then.
3
4
5
THE COURT:
MISS B1\RNES:
THE COURT:
OkaYt very good.
And we can proceed to the TRO.
That will be allowed
t
and that is
6 allowed.
7 Now
t
we move on to their claim or request for
the issuance of a preliminary
" . ,
lnJunc"C-lon, and 1 Wl ..LL
9 turn to Mr. Brejcha
t
because it's his burden to convince
10 the Court of that.
[VlR. BREJCHA: Your Honor
t
if the Court please, we
1 have put before Your Honor, not only the Amended
13 Supplemental Complaint, vJhich we thank the Court giving
14 us leave to file, but also a Motion for Temporary
15 Restraining Order and Preliminary I unction on notice,
16 essentia ~ y the same motion supported by these
declarations.
18 However, in researching this matter, n the
19 wake of the filing Friday, :a e filing, serVlce on this
20 should saYt the terrni at on notices
t
'de found t at
21 he e are 3 0 ~ d a y not e requ rements fo termination,
We found there are notice a d earing requirements for
3 renewal or iC2nsing. e have take a ook and found
'_ a c>u ce es \;Jere enewed four y ar
1 ago, and they run until 2014. We fouDd that there are
2 liberty and property interests here which should not be
3 taken away so precipitously, was purportedly done on
4 Friday, that we are anxious, as ever, that the so-called
5 transitioning that DCFS told us our clients and the
6 persons whom rhey serve would have to undergo may be
7 done precipitously too. We hope with the 30-day notice
8 requirement in mind that the State would not proceed
9 right av-Jay, but indeed stay its hand so \,-Je can bring
10 before this Court some of the new issues that are
11 provoked by this termination notice. And so \0ith all
12 deference, we are asking, Your Honor to give us seven
13 days to further amend th s Complaint, to bring the
14 issues that have been drawn
before
this termination notice
16 d ~ any time the State does take some further
17 precipitous action with regard to the transitioning or
18 therwise, Your Honor, we may come back to you on an
19 ov rn t basis fer emergency elief. We still elieve
20
1
that there
dar>;er tha
S a press ng oel ef, "pressing ~ m m l n e n t
our C-L ents face, but we think that
22 oererence the Court tha 0'2 S ou spel things
3 :::0 vou and ot:. ust rry and argue oral y,
2 ~ ' d t bene 1 a ea
resses ;- s rnatter
of Dotice hearing, the due process, under the State
? constitution, right to be heard in a meaningful time and
3 a meaningful manner.
4 Supporting that, et me simply say, in all our
interactions with the State of Illinois, we have yet to
6 hear any intellig nt response to our articulated
7 arguments why the Human Rights Act doesn't apply to our
8 clients as a place cf pUblic acccmmodation and why the
9 Religious Freedom Protection and Civil Union Act does
10 not apply to our clients or prohibit them from doing
11 what they are doing now and have been doing for the last
few decades, serve hose whom, according to
13 their conscientious religious scruples, they cannot
14 serve, and all of those people are served adequately and
15 promptly by other agencies who don't share our
16 conscientious
So I would ask Your Honor if you would grant us
10 that seven days to
in accordance with
file these amended
in pursuit of
caDers and Droceed
J.
these additional
20 claims that are no Dr
pr
oitated by th s sudd
roorted termina
22 THE '-'
ISS BARNES: I'd like -co y that the
24 e re uest for TRO?
2
THE COURT:
t1R.
I had the same question.
Well, Your Honor, I would entertain
3 it, but there are these additional grounds to which I
4 wis to argue to Your Honor, and that's the essence of
5 it right there.
6 THE COURT: vJell, I was asking you -- was asking
7 you to make your argument to me as to why you deserved a
8 TRO or a preliminary injunction. Possess a clearly
9 ascertainable right in need of protection; irreparable
10 injury Vlithcut injunction; nc other adecuate remedy
i 1
at law; ikelihood of success on the merits, and then
12 balance of the equities, that's the argument I would
13 like to see made so I can make a
" ' .,
de:::::ermlna"tlon, because
know the State has an argument to be made.
[vIR. BREJCHA: Vie .if T I 11 proceed on that! Your
16 Honor, with he caveat that we ilKe to supplement
Ii that with additional claims in the nature of due process
18 under the State constitut on.
THE COUET: I mean, give you a teaser.
I I Tn
going to give yo
I
v
IR. BR JCHA:
the seven days.
Tha K you, Ju e.
22 URT: Bur _ still De d to address the issue
23 of the TRO, because as it stands O'-ii, I
1
,,;/e gOt a letter,
24 nd all ave saY_1ng \/our on ra rs
a \7 P-
2
3
not been renewed.
MR. BREJCHA:
THE COURT:
Yes, Judge.
So I need to know what the status is of
4 these children. Il m sure there are numerous children
5 and families that are i acted by this.
6 IviR. BREJCHA: And indeed there are, Your Honor, and
j the claims that we have brought are for declaratory
8 judgment are supplemented and supported by injunctive
9 relief in the form of aD immediate restraining order, in
10 a preliminary injunction, and the claims are, as
articulated in our Amended Supplemental Complaint that,
12 first, the Attorney General has come at us. And is
13 still coming at us apparently, although \1 th all
1 4
de berate speea, on th1S claim subject to the Human
Rights Ac'C, and as '\>Je cited in our Complaint, the only
16 way that this marital status sexual. orientation c:::
1 ,
3-i even this, we don't understand what this race
18 discrim nation claim is. The only way these are binding
~ ~ on us or relevant to us is if we are deemed within the
meaning of the Act! as de ined i:1 -0 e ct t a place of
pub c ac,,:::::ornmodat on.
a3 he llino s Supreme Court he d, unae
23 an earlier versio of t at statute, l t e Board of
So tern stees v Souther 1111 -'-- oi s
, ~ " - - - - - - - - ~ ~ , - - - , - - - - ~ - - - - " ~ ~ - - , , , - , ~ - ~
folks of the State, a
2 laundry lists indicated in lieu of a definition, and
3 that laundry list is to det rmine who is covered under
4 the statutory oonstruotion maxim ejusdem generis, and
that's only that those entities that are like or similar
6 to those in the laundry list are deemed places of lie
7 accomodation.
8 The statute was amended in 2007, believe it
9 was, and in that laundry list ",Jere added some of the
10 business entities and other entities that courts have
found were not covered preViously. One of the entities
12 added to that list in 2007 was non-sectarian adoption
13 agencl8S. Your Honor, we submit they can't really under
14 th ejusdem generis maXlffi inclusion of a non-sectarian
15 adoption agency necessarily lies an exclusion of a
16 sectarian adoption agency, such as the Plaintiffs a
rp
17 here, and if there were any doubt about In the
18 Amended Supplementa Complaint, we delineated the
19 statement on the floor of t e II inois General Assembly,
by the sponsor of t at amendment, Senator Cullerton, now
2
2
the majority
t ~ ~ i s arnendmen t
aad r,
as
o the effect
fact specif ca
h t -,-- e
Iv to ex
urpose of
t
23 sectarlan a lor a enc es.
24 a 1 de ':::: enc Atter ev Gen ralt
1 we believe we are exempt from LOS reach of the sexual
2 orientation and marital status and any other prohibited
3 basis for discrimination under the Human Rights Act.
4 Insofar as those proscriptions are said to
5 apply to us in connection with ur foster care and
6 tion work, we don't contest that we are covered
7 that Act, and believe me, we assure the Court that we
8 are in ccmpliance with that Act, insofar as it applies
9 to this employment relationship. But insofar as we
10 carryon our work as an a tion In foster care agency,
~ l . - '-tIe say, no, he are not covered, and VIe are free therefor
12 to pursue our reI gious calling and
+- -"
l- 'J stand by
13 religious princip es lD the way we do not entertain
14 certain applications, and instead, refer them from
handling by other agencies
16 conscientious objections.
hat don't share our
The second big issue in this case is, of
ld course, this new Religious Freedom Protection and Civil
19 Union Act. The Act Lhat the State seems to view on y In
parentheses, as H the first part of tha title 1-)2sn! t
21
rh=Y'Q
' ~ l l ' - . L ~ _ They see ~ L as an a t at protects ci
1-.1 "- ns. They gnore ne fact that the Ae speeif cal.
23 states that and 1
1
m parap raslng, the vIordi Q is
in ljY Compla tha it-' exernp 5 e1igio s pact ees
1 and does not purport to regulate religious practices in
2 any '-fJay, shape or manner, and that is in a paragraph
3 along with another sentence.
4
6
THE COURT:
MR.
THE COURT:
Itls in Section 15.
Yes, Your Honor.
It's how you read Section 15. It's one
of those things. Do you read it as two sentences, or do
8 you read it as one complete, I guess, phrase or
9 paragraph, for lack of a better term?
Your Honor, we read it as the sponsor
of the bill read it on the floor of the Genera
12
3 THE COUHT: In the egislative history and the
questioning by Senator Haines.
15 MR. Yes, and Senator Haines asked -- is
16 asking now specifically, do we read those two sentences
17 together or separately, aod elaborated 00 it aod said,
18 indeed, what about the social services performed by
19 certaln religious agencles, are those covered or not,
2 and indeed Senator Ha nes answered excuse mer Senator
21 Koeh er a swered yes. So a y sml eo o a doubt that
2 as SDe led by historYr and
23 -it- 'llaS d fev; minutes af e those ords ere uttered
(j n
0
e 0 0
0
a
0 h
"
S me Ll r D 2 S S e r1 d a s s
,
t,
e d b
Y
;.1
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2
the Governor.
Your Honor, the third claim being, of course,
3 is under the Illinois Religious Freedom Restoration Act,
4 and we delineate our argument In our papers, and
5 frankly, Ju 8, we will stand on that argument.
E THE COURT: can assure you I've read everyone's
7 pleadings.
8
9
i'-1R.
THE COURT:
What?
I can assure you I've rea everyone's
o pleadings.
i'-1R. BREJCHA:
12 appreciate that.
Yes, understand that, and we
13 So, lour honor, those are the clearly
14 ascertainable claims, and as Your Honor pointed out
earlier, there's a distinction in terms of a contract
16 terminat On where there's a series of relational
1,
contracts, and under Bio-Medica claim, we feel that the
18 termination does not nega e our client's interest in
19 continu ng their relationship and maintaining the status
quo a te, and as far as irreparable arm goes! vie a e
de neated at some at at enqth a d ce ainly the
folks from the Catholic Charities agencies have spe
23 out number chi dre cage Sun
24 Times thi mor ing rip; St te Llsecl the -F-; ure of f 997
children in custody -- or under the oversight of the
2 Catholic Charities, and the sudden precip tous
3 termination would certainly cast their circumstances and
4 future in jeopardy, and this injury to Catholic
c.
Charities itself is certainly patent. We would suddenly
6 be out of this business. Our staff would be put on the
street good part, inevitably, all of these
8 ohildren were sUddenly removed from us.
9 And there is no adequate remedy at aw, Your
10 that's anywhere near comparab e to the remedy
11 that we have by your resto ing the status quo ante, and
12 we think that indeed there's a likelihood that we are
13 going to succeed on these to mention the
claims that we want to add by amendment and
:5 supplementation of the Complaint, the further
16 supplementation about the improper attempt to terminate
us so quickly and law essly.
18 And, Your Honor, we think this matter is in the
9 pub lC interest. The public interest is embodied in
2 those statutes, 2
- nrl
'"---.A
contrary to thlS repeated claim, I
ink men ed yesterday by the Governor that somehow
22 '>,Je have cjet o camp y ur ansv}e -=-0 +- ae.
'3 are th the la
'T' is
24 n_L nates r:L unlon coup eSt but
1 mandates and constitutionally so the rights of religious
2 agencies such as these Plaintiffs to carry out their
3 religious mission as they s e it, and only subject to
4 the least restrictive alternative, which in this case
would be exactly what the status quo ante provides, that
6 is, that we refer other folks whom we cannot in
7 conscience service to others, who will then and have
8 been servicing them adequately and promptly. \lie think
9 the model is here one of tolerance and co-existence,
10 that 'vJe are a moralistic society, \'1e have different
II views, but under our constitutional regime in the State
12 of I linois, under our Illinois la\v, vie can live and
ii prosper together if we respect each other's rights, and
14 we would urge in this case the State of Illinois is net
~ ~ doing that, and urge the Court to restore and protect
16 the status quo ante. Thank you, Your Honor.
THE COURT: Miss Barnes?
Your Honor well knows the elements of
19 a preliminary injunction and TRO, and et me talk about
DC ~ r l r st. T ere1s simp no eme gency to be enjoined
here. he Plaint ~ s don't 3t ~ ~ i s t me hold ~ ntracts
2 to provide foster care licensi g ser ices and adootion
23 ser lces! and an ssue as to how the indiv ala a d
24 o are el q ser\' dude s
1 contracts is vJithin the confines of DCFS' concerns, I am
2 authorized to tell you the Department is handling it,
3 and neither -- and does not request court intervention.
4 The intake has ceased because there are no new
5 contracts, so intake, new adoption or individuals
6 applicants can't be taken, but in the process of
7 transitioning, because of the fact that there are no
8 contracts, the artment is sending teams out to review
9 each of the 2,200 to 2,300 cases that are in existence.
10 They are identifying ether agencles In the area with
1.1- respect to their capacity, performance and ability, and
12 they are werking en a smoeth transitien, and they seek
13 to have that done within 60 days.
They are also working on what kind of
15 short-term contract would be required to continue to pay
16 the agencies te service these children and the families
17 that they have right new.
The general situation with respect to renewal
19 is that in the contracts themse ves there is a provision
20 the co racts are no renewed automat cal y, or
21 are the enewed so e1 at the iscreti D
I
so
22 ;;/nen Rockfor and Chicago r3Dsit oned out af this
that was do e seamless y. ase vIe e don
24 ve o e of cago cases vIas
1 transitioned with no problem, and the same with
Rockford. That involved 1,000 cases in Rockford, and
3 I mean 1,000 cases in Chicago and 300 cases in Rockford.
4 Providers have expressed interest in taking
5 OVer these cases, and they are willing to comply with
6 State law. These children are not at risk, Your Honor.
7 They are safe in placement with their caseworkers, and
8 no payments have been withheld as a result of the fact
9 that there are no more contracts. These children are
10 not going to be ripped out of foster homes that they are
11 already ~ n .
12 not believe that the facts show any
13 kind of emergency that this Court needs to address,
14 especially with the fact that there are no current
15
16
contracts or provis on of these serv ces.
With respect Lv the Attorney General and
17 emergency relief
18 THE COuHT: ~ - v h e n VIas the decision made rene\,-.,] the
contracts? The letter was dated July 8
L
v
lISS BAFNES: here were ongoing neg tiations
21 because the contracts nded at the en ,june.
22
2
THE "
ISS
RT: R. i 9 ht .
'.['1'1e e were req ests made
2 aope S lS tha[ Lhe co ~ a ts a e sent
2
THE COORT:
NISS BARNES:
T understand.
-- between the parties.
3
4
THE COURT:
The Director made it clear that the
5 Department waD d require the agencies to comply with
6 State law with respect to civil unions.
7 THE COURT: Did the agency know this suit was
8 pending when they decided not to renew the contracts?
9 NISS BARNES: Yes, they did, and that decision was
10 made based on the fact that the Plaintiffs stated very
11 clearly that they did not intend to comply with State
121a\'1.
14
THE COURT:
MISS Bl\.RNES:
kay.
I'd like to address the issue with
15 respect to emergency re lef as to the Attorney General.
16 he same situat on exists. There is DO emergency.
11 Representatives of this office have merely sent a
18 request for some information, as they are able to de
under t e Human ights Act, and the Plaintiffs have,
2 ir's to my understanding, not complied with that.
T E 20 F':', Are you telli 9 me the A torney 0 n e r a ~
lS go ng C SLend dow a d not anyt ng
3 t'.J S3 BARNES, can't - ~ I have no
24 to sa hat.
1 THE COURT:
2 MISS BARNES: This investigation is ongoing, Your
3 Honor. Deies of the State conduct thousands of
4 investigations annually with respect to their
5 responsibilities, and the law doesn't a low the subjects
6 of these investigations to flood the courts with TROs
7 asking the Court to enjoin this investigation because
8 they claim that they didn't do an hing wrong or that
9 they don't comply with the law or that they with
10 the law. Certainly, at this there's no
11 con roversy ripe for ad udication. The AG has taken no
12 enforcement action. There is a blanket record of facts
13 for this Court to even dea w th, with respect to any
action or conclusion that the Attorney General's Office
15 has dra\'ln, so it is difficult to see vIhat kind of -- any
16 kind of equitab e relief that this Court could fashion
17
18
based n these facts.
The e certainly aren't any grounds for the
19 Plaintiffs to c a ill that they have a riaht to a State
20 contra There lS statutory prcvlslon, o
21 regu a ory prov 0 at the have a r ght LU a
22
2
contract.
o
'vC: talnly, tLa sitio ing, \pIh ch lS go
lUW f does net need t at Court order f that DCFS
_13 coer anci
3
tIs nde standin
1 that so are the Plaintiffs with respecL to those
2 transitio ing.
3 There's no emergency for the Court to address
4 there, and where there has been no conclusion drawn as
5 to a law enforcement agency such as the State Attorney
6 General, that any law has even been violated, it is
7 difficult to see what kind of injunctive relief the
8 Court could enter. Contrary to what the Plaintiffs'
9 counsel states, these letters simply asked for
information and advised the Plaintiffs that they had --
! I
that this office had received a reauest. There has been
12 no conclusion drawn that they have violated this law,
nor has there been any threat of any kind of enforcement
14 action, so it ,::::lc:>es noI: we want the Court to keep
mind too, with respect to reasonable like ihood of
16 prevaili g n the merits, the law that addresses the
17 exercise of the freedom of religion prohibits the
18 government from imposing the burden, that it prohibits
the government from compelling a person or entity from
coerCl:r;g ccnduc hat c rdens the free exercise
and In s situa
22 dltterent ioe _ nere 58 a governmen
be efit. vJant scmethlng from the gvve nment f hese
4
r<r-", -s---.r
'v\J0L'_ e1
1 religious be iefs do not agree with the laws of this
2 State prohibiting discrimination based on
3 THE COURT: I read this Compla n ~ as saying that
4 the State is forcing them -- the State is violating
5 Section c: of the, I don't want to call it, I read it,
6 is that the State is violat ng Section 15 of the
7 I linois Religious Freedom Protection and Civil Union
8 Act. That's what their complaint is, that the State is
9 the violating Section 15 by making us do that.
their complaint in a nutshell.
That's
IvfISS BPiRNES: Honor, Section 15 doesn't
12 even apply to this because ~ t applies ~ o the
13 so emnization of civi uni n.
14 THE See, you're kind f making the case for
15 them. That's where the controversy 1S. Here's the
16 exact language. "Nothing in this Act shall interfere
with or requlate the religious practice of any religious
18 body. glOUS body, Indian nat on, or tribe, or
19 native group is free to choose whether or net
20 so emn ze or officiate a civil union."
21 Ne - -F yeu read th sentence independent, 0 e
2 sec sent.en e
f
do kn ''fl f if yeu ea
23 -coge her f there f S a +: e ent rneanlng. T don J t 'wish to
2 out
1 w e ~ -regulated mi itia, DOW do you read the clauses.
MISS BARNES: Even aside from that, Your Honor,
3 there's no there's no allegation here that the
4 Defendants have taken any action that would compel the
5 Plaintiffs here compromise their religious be iefs.
6 They have declined to renew contracts because the
7 Plaintiffs have said, we will not comply with State law.
8 THE COURT: And the Plaintiffs say that's a
9 violation of our rights. That's the nutshe 1.
IvIISS Bi\RNES:
11 They have --
It's nOL a violation of their rights.
12 THE COURT:
rvIISS Bll,RNES:
That's why we are having this hearing.
have '10 rig t to a contract, and
lq the government is not compel ing them ~ u take these
contracts and administer them in a fashion which forces
16 them LO compromise their relig ous beliefs.
17 THE COURT: Does the government have to follow t
18 o',..;n rule? Does have to folloyJ toc?
19 r.1ISS BARNES: course, does. l\t this point in
20 the pracee ing, the part respect o the contracts
l.S moot. you e rna e that ruling, ut
22 that hey are ot kely on the merits the
23 claim that Liley re e itled to CilSC e
or be eflts.
THE COURT: You don't get to pick and choose words
L like that. That's not what they are saYlng. ~ - ' J h a t they
3 are saying, the State, for lack of a better term,
4 hurting them.
5 MISS B,z\RNES: The State has chosen not to renew
6 voluntary c ntraets, because the Plaintiffs have made it:
7 clear they have nc intention of complying with State
8 la'0l.
9 THE COURT: Okay, I understand. An hing else? I
10 don't mean to cut yeu off. I rea ly don't.
11 Well, other than I think that if I
12 fail to satisfy what kind of injunctive relief the Court
could enter based cn these facts. That's why we believe
~ ~ that there are certainly nc grounds to enter any kind of
15 prelim nary injunction at this point.
16 THE COURT: Very cpod. right:. I have read
each and every brief thus submitted to this Court. I
18 have read all the cases thus submitted Court,
19 thankfull y- prior to t day, because vJest La'l} -L.:> down
c our computer system is dowD.
2 ere submitted.
read r e oases t at
Before deciding the ssue pre iminary
23 Dlunct on t e Cou t has to rea let a t Le's an
remea 55
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So don't read anything into granting of this
2 injunction. It just means there's a fair question, and
3 based upon the p eadings in this case, the Court finds
4 there is a fair question.
5 Balance the equities involved, well, that
6 involves to oak at the entire case its entirety.
7 The balance of equity fal s on the side of Catholic
8 Charities, 'tinen you consider \.;;8 are talking about, I
9 understand the State's claim, we are not going to yank
children out their homes. I didn't think we were, but
11 there is -- there is the possibility that there will be
changes that will affect a lot of lives here, and when
13 you balance those equities against the granting of this
14 in] unction, it does fallon the side of Catholic
15 Charit es. Therefore, this dats, I am granting a
16 injunctio to place this case back to the
1
1
status quo pr or to being told they are not going to
18 renew contracts.
[VI S3 Barnes, agree vli th u, I can't enjoin
20 the At orney General their enforcement. I'm not do ng
that. a 2 no author ty to a nac vJould be
22 e me telling a department you can't
vestigate th 53 ase, you t do vJ atever. 's not
the L0 S power,
1 not going to be granted, but .L do grant the preliminary
2 injunction to go back to che status quo prior to not
3 renewing these contracts pending the outcome of this
4 legislation.
5 Let's be clear. What I'm doing is putting a
6 freeze on this case until 'vIe can brief the issues, have
I legal arguments and the Court can issue an opinion.
8 Now, Plaintiff has asked for an additional
9 seven days to amend their Complaint concerning other
lssues that have arisen. suggest I suggest, this
is how I've handled these cases in the past, that we set
a briefing schedule for cross motions -- Motions for
13 Summary Judgment. I doubt we have any facts in dispute
in this
15 case?
case. Are there any facts In dispute this
16
18
t1 SS BARNES:
at 'Chis point.
THE COURT:
, don't think we can determine that
TtJell, ~ mean, it's legal issues.
Well, yes.
HE COURT:
'tJell
f
Tfl
et counsel get togetner and
2=-
determi e ether at facts in dispu e ~
2 adV lCev-lOU1 be that vie sene ule 5U da s down the
3 ecause ant ~ 0 move t ~ s .Loner. 'tJe are not
24 ct d \7 S
file Motiens for Cross Summary Ju nt, so that
2 means -- that means that you wanted seven days. T would
3 say that Catholic Charities' brief needs to be due July
4 the 22nd. is the 29th, and we set this for
5 hearing sometime the week of August the 15th.
6 MISS SIU'<.NES: COll d I ask for some clarification on
7 the the injunctive relief the Court is ordering?
8
9
THE COLTRT:
[.'1188 BARNES:
Sure.
Irm really not clear. There are
lU what you mean by a freeze, because right nOVI there
aren't any contracts, and so the situation
THE COURT: We are going back to June 30th, 2011.
That's what this thing is 90109 to be operating under.
14 IvIISS BARNES: Is the Court rdering the extension
15 of a contract?
16 THE COURT: If you want to look at like that,
I yes, we are going back to June 30th, 2011.
18 t
v
lISS Okay, and the Court is ordering that
19 Lhe contracts be extended?
errrc CURT: order g a freeze. As I said, e
21 are nOL gOlng to be remo lng chil reD from homes. vJe
are noc 9 ng dO anyL is case. This is
23
9
9 to move the this lS going to stay -0 ace. :::
2 c2n't be any ss Barnes. n.1S case
is going to stay in p ace just like this. "Ie clear?
2 tv1ISS BARNES: If the old contracts are in effect,
3 is the Court requiring that intakes be continued?
4
5
THE COURT:
stays 1n effect.
I'm ordering that this case, everything
Nothing new happens, no new providers.
6 This case goes back to June 30th.
7 tJiISS BARNES: 1IJell, I just to make sure I
8 understand what the order means, and the order is
9 that you're extending -- you're ordering DCFS
THE COUET: We are not ordering anything different.
We are not etting new contracts. We are going back to
12 June 30th, and it's staying JUSt like that.
13
14
MISS BARNES:
THE COUP-I:
rney exp red on June 30th.
We are going to operate as if we are
going under this June 30th contract. can't be any
16 clearer than that, ma'am.
1 i
MISS BI\.RNES: right, thank you.
18 THE COUP-I: That's 'tihy also, why I'm doing it
19 quick y. So would suggest that we have a hearing
sometIme the eek of August the 5th. That's t e
21 IS j
draw a lury that
LflU sday.
',xJeeK, except Tuesday a
our ')ner, oul pick: a
date, one of those dates?
3
THE COURT:
r.1R. BREJCHA:
That's why I have my calendar with me.
Any day that week is fine fer the
4 Plaintiffs.
5 THE COURT: T would suggest Monday, 9 o'clock in
6 the mornlng.
7
8
MR. BREJCHA:
THE COURT:
viha t?
, would suggest Monday at 9 o'clock in
9 the morning. T understand you folks are coming from
Chicago. I apolo9ize.
[viP, BREJCH1\:
12 be here.
No, that I S 3.11 right, Judge. 'lie will
13 THE COURT: So we are clear, the 22nd for the
Plaintiffs' Motion Summary Judgment is due. The
LJ 29th the State I s motion is dUE, and a hearing at 9
16 o'clock, August the 7th. That ensures that! don't
l! have a jury trial.
18
19 THE COURT:
_ understand.
re there any ques ions?
2 IvlR No, Your Honor. WeD d we Dresent a
en order to y Ll y- ght 2'flaYt handvJritten
t
or OLl d
you ant one typed up:
3 THE 2 R he SiS 2 docke ry OD this.
Lq There's also aver ati2 transcript.
1 t'o1R. BREJCHi;:
THE COURT:
Fine, Your Honer, thank you.
If 'leu v-Jould like one
r
I'd be glad to
3 sign one, but I think my order is fairly clear.
4 BEEJCHA: It is very clear, Your Honor, and
6 do.
ta k to counsel if we need one. I don't think we
7
8
THE COURT:
~ 1 R . BREJCHA:
Very (jood.
Thank you, Judge, very much.
9
12 I
13
16
-if
lb
19
(The proceedings were concluded.)
2
4
5
IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT
SANGAMON COUNTY, ILLINOIS
~ , Andrea S. Pryor, an Official Court Reporter
6 for the Circuit Court of Sangamon County, Seventh
7 Judicial Circuit of Illinois, do hereby certify that I
8 reported in shorthand the proceedings had on the hearing
9 in the above-entitled cause; that I thereafter caused
10 the foregoing to be transcribed into typewriting, which
11 1 hereby certify tc be a true and accurate transcript of
12 he proceedings had before John Schmidt, Judge of said
1 ~ Court.
14
16
1 ' ~ !
18
19
20
)1
2
2
3 Dated
c
s 13th d
2
2
o
2
2,000 t1] 12:22
2,200 [1] - 27:9
2,300i1] - 27:9
2007[2; - 21:8, 21:12
2011 !5i - 1:22, 14:22,
38:12,38:17,42:24
2011MR254 [1] - 4:1
2014[1] - 17:1
20th[1]10:15
217 [1J - 2:24
22ndr2j- 38:4, 40:13
29th i2i - 38:4, 40:15
2d [1] + 9:23
3
30 [2] - 11 :22, 37:22
30dayi2i - 16:21,
17:7
300[1)- 28:3
30th (5) - 38:12, 38:17,
39:6,39:12,39:13,
39:15
5
6Oi:J - 27:13
62701 [1] + 2:23
68 922
applies [3] + 8:4, 22:8,
32:12
apply!4) -18:7,18:10,
22:5,32:12
appreciate p) - 24:12
area t11- 27:10
argue!2] 17:23, 19:4
argumentI51- 19:7,
19:12,19:14,24:4,
24:5
arguments [2J - 18:7,
37:7
arisen (1] 37:10
arrangement [21 -
9:12,9:13
articulated (2J - 18:6,
20:11
ascertainable [4J -
19:9,24:14,35:4.
35:10
aside (2) - 7:7,33:2
Assembly!2i - 21:19,
23:12
Assistant!2] 2:7, 5:9
assure [3] - 22:7<
24:6,24:9
attempt!1] + 25:16
AttorneYf19]+ 1:11,
2:5, 2:7, 4:6, 5:9,
75,716,8:11,8:19,
10:15, 14:23,20:12,
21:24,28:16,29:15,
29:21,30:14,31:5,
36:20
Attorneys (1)- 2:3
August (3) - 38:5,
39:20,40:16
authority [2J 36:21,
36:24
authorization [1 J-
29:24
authorized - 27:2
automatically(1)-
27:20
available (1) - 39:22
B
H 5:1
backing (1) - 824
balance [5] - 19:12,
35:6,36:5,36:7,
35:13
BARNES (34) - 2 7,
5:11,6:6,6:12,
1510,16;1,164,
16:23,26:16,26:20,
28:23, 29:2, 29A-,
29:9,29:14,29:23,
32:11,
33:10, 33:13, 33:19,
34:5,34:11,37:16,
37:19,38:6,38:9,
38;14,38:18, 39:2,
39:7,39:13,39:17
Barnes [7] - 5:9, 6:11,
15:9, 18:22, 26:17,
36:19, 38:24
Barnes'Pl- 15:3
based (6) - 8:19,
29:10, 30:17, 32:2,
34:13,36:3
basis(3)-14:4, 17:19,
22:3
behalf [5J - 2:3, 2:5,
2:8,9:18, 15:19
belfef(2)- 8:2, 17:20
beliefs [3)- 32:1,33:5,
33:16
benefit [2J - 17:24,
31:23
benefits [iJ - 33:24
best!ij - 14:9
better!2] - 23:9, 34:3
between [4] - 7:10,
9:24,12:19,29:2
bid - 9:8
bi9::J - 22:17
blllf1]-23:11
binding [1] - 20:18
Bio [3] - 9:14, 10:12,
24:17
Bio-Medical[3j - 9:14,
10:12,24:17
bitt1J -11:18
blanket[1J - 30:12
Board 11] 20:23
body [2) - 32: 18
bow[1) - 11:5
BRADilJ - 2:2
Breck [2] - 4:12,4:13
Breck-ca [1] - 4:13
1'] - 4:12
Breen [2] - 4:17, 5:5
BREEN (2] 2:2,4:17
BREJCHA[35J - 2:2,
4:11,4:13,4:16,
4:20,5:21,6:1,6:8,
7:14,8:17,9:4,
11:18,12:11,12:17,
14:11,16:11,19:2,
19:15,19:21,20:2,
20:6, 23:5, 23Y},
23:15,24:8,24:11,
39:24,40:3,40:7,
40:11,40:18,40:20,
41:1,414,418
Brejcha[!] 4:10,5:5,
6:6, 7:1:l 8:13,
HiS
brief [3] - 34:17, 37:6,
38:3
briefed [1]. 12:1
briefing [1J - 37:12
bringt31- 17:9, 17:13.
32:24
brought [3! 13:21,
15:6,20:7
burden [21 16:9,
31:18
burdens [t] - 31 :20
business {3J - 11 :14,
21 :10,25:6
Byrne [3] - 5:1,5:2,
5:3
c
ca [1J - 4:13
calendar[1J - 40:2
cannot [2] - 18: 13,
26:6
capacities (1] 4:5
capacity (4) - 1: 11,
1:12,1:15,27:11
care (7] 6:14, 6:15,
12:22,13:2,22:5
22:10,26:22
carry [3] 10:2, 22:10,
26:2
case [26J 7:2, 8:18.
9:14.9:17.9:19,
9:21, 10:7, 10:10,
10:12,14:14,14:15,
22:17. 26:4, 26:14,
32:14,36:3, 36:6,
36:16,36:23,37:6,
37:14,37:15,38:22,
38:24, 39A 39:6
cases [9] - 27:9.
27:24, 28:2, 28:3,
28:5.34:18,34:20,
37:11
caseworkerS\1j"
28:7
cast [1] - 25:3
Catholic (17) - 4:1,
42,4:3,4:10,55,
58,719,9:21,11:4,
12:23.24:22,25:2,
25:4,27:24.36:7.
36:14,38:3
CATHOLIC
1:5. 1:7
caused - 42:9
Cavanagh - 42:12
caveatliJ 19:16
ceased [1] 27:4
certain (4)- 22:14.
23:1fl 35:2
certainlypG] - 6:24,
13:1,14:8,24:21,
25:3,25:5,30:10,
30:18,30:22,34:14
certify [2J 42:7.
42:11
cessation(1)-12:19
cha[1] 4:12
challenge (11- 10:7
changes[1J- 36:12
charitable (3J - 7:19.
11:8,13:15
Charities l
j
5] - 4:1,
4:2,4:3,4:10,5:5,
5:8, 9:21, 11 :4,
12:23,24:22,25:2,
25:5, 27:24, 36:8,
36:15
CHARITIES [3J . 1:4,
1:6, 1:7
Charities' [1] - 38:3
Chicago (5] - 24:23,
27:22, 27:24, 28:3,
40:10
child [1J - 12:3
children [14] 11 :8,
12:22, 14:5, 20:4,
24:23,25:1,25:8,
26:24,2716,28:6,
28:9,36:10,38:21
Chiidren15J-1:13.
4:7,6:13,10:17,
14:24
CHILDREN ['!' 114
choose [2] - 32:19,
34:1
chosen [1] 34:5
Circuit [2] - 42:6,42:7
CIRCUIT!4! . 1:2,
42:1
circumstances [2)
14:7,25:3
cited[3J-9:15,10:11,
20:15
cites[j)-14:14
civil [5] 22:21, 25:24,
29:6, 32: 13, 3220
Civil (4] 18:9, 22:18,
32:7,35:15
claim 6:1,15:5,
16:7.20:14,20:18,
24224:17,25:20
30:8,30:19,33:23,
36:9
claiming - 5:23
daims{7j - 18:20,
19:H, 20:7, 20:10,
24:14,25:13,25:14
Clapp.!1!47
CLAPPS 1:14
clarification [1] - 38:6
clarify [1] -18:23
clauses [1] 33:1
cleaf[11]" 6:19, 29:4,
33:21,34:7,37:5,
38:9,39:1,39:6,
40:13,41:3,41:4
clearer i2J - 38:24.
39:16
ciearlYi6J - 14:15.
'9:8,24:13,29:1"
35:3,35:9
client's [1J - 24:18
clientS[9]-7:17, 8:2.
9:15,10:16,11:6,
17:5,17:21,18:8,
18:10
clasen 11:13
CO[1] 26:9
co-existence [1J -
26:9
coercing n - 31 :20
coming [2J - 20:13,
40:9
16:1
comparable [1] -
25:10
compel [1J " 33:4
compelling [2J -
31:19,33:14
Complaint [1S1 - 5:17.
6:21,8:8,8:9,12:7,
1213, 15:9, 15:12,
1613, 17:13, 20:11,
20:15,21:18, 22:24,
25:15,32:3,35:1"
35:12,37:9
complaint [2) - 32:8.
32:10
complete [1) 23:8
completely [2]
30:24, 31 :21
Complex [1] - 2:23
compliance [1J - 22:8
complied [2J - 10:24,
29:20
complY[7J - 25:22.
28:5,29:5.29:11.
30:9.33:7
complying - 25:23,
34:7
compromise (z] +
33:5.33:"18
computet PJ 34:20
concerning 37:9
conCernS]1] 27:1
concludeot1] 41:9
conclusion [3]
30:14, 31A 31:12
conaud:;Xj
31:20
confines [1] - 27:1
connection [1] - 22:5
conscience (2)- 11 :6,
26:7
conscientious (3J -
18:13,18:16,22:16
consequences [1] -
10:3
consider [1] - 36:8
constitution i2l -
18:2, 19:18
constitutional [1] -
26:11
constitutionally (1) -
26:1
construction (2) -
9: 13, 21:4
contest (1J - 22:6
continue (T] - 10:5,
10:21,11:7,13:19,
13:23,14:2,27:15
continued [1J - 39:3
continuing [3] - 9:17,
10:13, 10:14, 12:4,
13:2,13:6,13:7,
24:19
contract [13] - 9:8,
9:9, 13:19, 15:2,
24:15,27:15,30:20,
30:22,33:13,35:13,
38:15,39:15
contractor [3J - 9:20,
9:24, 10:1
contracts [35] 6:13,
6:15,6:18,6:22,
6:23,7:1,7:10,8:15.
9:5,9:10, 10:2,
19:24,24:17,26:21,
27:1,27:5,27:8,
27:19,27:20,28:9,
28:15,28:19,28:21,
28:24,29:8,31:24,
33:6, 33: 15, 33:20,
34:6,36:18,37:3,
38:11,38:19,39:2,
39:11
contractual [2J - 10;6,
13:7
contrary(3) - 10:22,
25:20,31:8
controversy (3) - 1:2,
30:11,32:15
convince - 16:9
cooperating [1]
30:24
copylt) 6:5
corporation P1 1:5.
hll:8
correct(2)- 4:12, 5:10
Counsel [1J - 12:16
counsel [51 - 9: 7,
12:5,31:9,37:20,
41:5
County 12] - 2:23, 42:6
COUNTY;:?] - 1:3,
42:2
couples (1] - 25:24
course 1eJ - 13:3,
13:12,13:24,22:18,
24:2,33:19
COURT[71J 1:2, 4:1
4:12,4:14,4:18,
4:21,4:23,5:1,5:3,
5:12,5:23,6:3,6:'"
7:13,8:12,9:3,
11:17,12:8,12:12,
14:10,14:12,15:17,
16:3, 16:5, 18:22,
19:1,19:6,19:19,
19:22,20:3,23:4,
23:6,23:13,24:6,
24:9,26:17,28:18,
28:22,29:1,29:3,
29:7,29:13,29:21,
30:1,32:3,32:14,
33:8,33:12,33:17,
34:1,34:9,34:16,
37:18,37:20,38:8,
38:12,38:16,38:20,
39:4,39:10,39:14,
3918, 40:2, 40:5,
40:8,40:13,40:19,
40:23,41:2,41:7,
42:1
court [2] 15:6, 27:3
Court [&8] - 2:22, 6:10,
7:2,7:14,7:15,9:15,
9:22, 12:23, 13:21,
13:24,14:12,14:14,
14:20,15:11,15:18,
15:20,'6:10,16:1"
16:13,17:10,17:22,
20:22,22:7,26:15,
28:13,30:7,30:13,
30:16,30:23, 31:3,
31:8,31:14,31:24,
34:12,34:17,34:18,
34:23, 35:8, 36:3,
37:7,38:7,38:14,
38:18,393,425,
42:6,4213,42:15
Court's (3] 16: 1,
36:24, 39:21
courtroom 7:23
courts 21:10,
30:6
covered [5] 21:3.
i, 22:6, 22: 1
G
gamesmanship (1) -
15:5
gather Cd 13:2
general f2] - 10:4,
27:18
General ~ 1:11,
2:7,4:6,5:9,7:6,
716,8:11,8:19,
10:16, 14:23, 20:12,
21:19,2124,23:11,
28:15,29:15,29:21,
31:tt 3 6 ~ 2 0
face{1j-17:21
fact [13] ~ 7:21,8:2.
8:5, 8: 17, 9:9, 13:22,
14:4,21:22,22:22,
27:7,28:8,28:14,
29:10
facts [7] - 28:12.
30:12,30:17,34:13,
37:13,37:14,37:21
fall[lJ-34:12
fair [4J H 35:11, 35:24.
36:2,36:4
fairly [1] 41:3
fall )1) - 36:14
falls [1] - 36:7
families [4J - 11 :8,
14:5,20:5.27:16
FamifYl5] - 1:13,4:7,
6:14,10:18,14:24
FAMILY)1)-1:14
far(4J - 5:7, 8:1, 8:23.
24:20
fashionf31- 14:19.
30:16,33:15
federa!(1) 11:23
feltf2j-11:6,11:7
few (2) - 18:12,23:23
figure - 24:24
fHefBJ ~ 8:10,15:18,
15:21,15:14,18:18,
38:1
FUe (sJ-
12:7,12:13,15:8
filed [2]- 6:7, 14:21
filing [3] 15:22,
16:19
findings n - 35:8
fine;2l-40:3,41:1
firstl'}- 5:20, 5:21,
6:2,15:10,15:11,
20:12,22:20,26:20
flood [1) ~ 30:6
floorj3] - 21:19-
23:11. 23:24
tolks )4] - 21:1, 24:22,
26:6,40:9
follow (2) - 33:17,
33:18
followed (1) - 11:3
following (2)- 4:4,
35:8
FORn - 42:1
forcesn-33:15
forcing [1] - 32:4
foregoing [OJ - 42: 10
foon )iI - 20:9
formerly [1] - 6:12
t---------1 foste",] - 6:14, 9:19,
F 13:2,14:16,22:5,
22:10,26:22,28:10
fouf[1)- 16:24
frankly [3] - 11: 15,
12:4,24:5
free[3}-22:11,31:20,
32:19
Freedom[5] - 18:9.
22:18,24:3,32:7,
35:15
freedom [1] - 31:17
freeze [3] - 37:6,
38:10,38:20
Friday[4j-11:13,
13:11,16:19,17:4
fulfillment(1)-13:15
fundamentally [1 j -
13:12
future f1J - 25:4
economic f11- 10:3
effect [3}- 21:21,
39:2,39:5
ejusdem[2J - 21 :4,
21:14
elaborated [1J - 23:17
elements (1) - 26: 18
embodied [1] - 25:19
emergencY[B] - 14:3,
17:19,26:20,28:13,
28:17,29:15,29:16,
31:3
employment [1] - 22:9
end r41 - 6:16, 14:16.
14:17,28:21
ended [l} - 28:21
ending [1) - 7:22
enforcement [5] 7:6.
30:12,31:5,31:13,
36:20
enjoin (2) - 30: 7.
36:19
enjoined (1) - 26:20
ensures P1 - 40:16
entef[4] - 6:17,31:R
34:13,34:14
entertain [2] - 19:2,
22:13
entire [2] ~ 7:11. 36:6
entiretY(1] - 36:6
entities [4] - 21 :5,
21:10,21:11
entitled (2) - 33:23,
42:9
entity [1] - 31:19
entryI1] 40:23
equitable [1] - 30:16
equities [4J - 19:12,
35:7,36:5,36:13
equltYCiJ - 36:7
errof(l) - 9:7
ERWlNn 112
Erwin [1] 4:6
especlally;1] - 213:14
essence \"1] - 19:4
essentially [1] 16:16
evening[z} 11:13,
13:11
eventp) 35:1
Ewen(1) -15:1
exactf1] 32:16
exacttY:1] - 26:5
except iLl - 39:22
drawn [4] - 17:14,
30:15,31:4,31:12
due[5j-18:1.19:17,
38:3,40:14,40:15
E
21:18,24:21
denIed (1) - 15:7
Department f11] -
1:13,1:15,4:6,4:8,
6:13,10:17,14:23,
15:14,27:2,27:6,
29:5
department [tJ - 36:22
DEPARTMENT [2]-
1:14,1:16
Deputy[2}- 8:10,
10:15
deserved [lJ ~ 19:7
desperation (1J -
11 :14
detailed [1] - 8: 7
determination [1J -
19:13
determine [3J - 21 :3,
37:16, 37:21
different(6) - 8:18,
10:1,26:10,31:22,
32:23,39:10
difficult (2)- 30: 15,
31:7
Diocese [7] - 2:5, 4:2,
4:3,5:7,7:20,11:4
DIOCESE (2) - 1:4, 1:6
DIOCESES [l} - 1:7
Director(5)-1:12,
1:15,4:6,4:7,29:4
disagree(2)- 8:6, 8:7
discount[1J -13:3
discretion [1J - 27:21
discriminate [1] -
33:23
discrimination [3J -
20:18,22:3,32:2
discussionn - 6:16
Dismissf1]" 5:17
dispelled f1J - 23:22
dispute (3)- 37:13.
37:14.37:21
distinction (lJ - 24:15
distinguishable p) -
14:15
distinguished [,; - 9:6
distinguishes [1]-
10:11
docket til - 40:23
doctor [1) 9:18
done)?) -1314, 173,
17:1, 27:13, 27:23
doubtl3J ~ 21:17,
23:21,37:13
down [5J ~ 29;22,
34:19,34:20,3722,
37:24
drag (1)- 37:24
draw [1] 39:21
daily tiJ ~ 34:24
danger[1] -17:21
dalej2j- 36:15, 40:1
Dated t1J - 42:23
daledl2J- 15:1,28:19
dates [1] ~ 40:1
daYS[5J ~ 17:13,
18:18,19:20,27:13,
37:9, 37:22, 37:24,
38:2
days' [1j - 11 :22
DCFS (5)- 7:10, 17:5,
26:20, 30:23, 39:9
DCFS' j1}- 27:1
deal [1} - 30:13
DEBORAH (1j - 2:7
decade's [1] ~ 9:9
decades[3J ~ 9:10,
13:8,18:12
decide (1J - 10:7
decided Il] - 29:8
deciding f1i * 34:22
decision [3J - 15:21,
28:18.29:9
declarations [tJ -
16:17
declaratory [1] - 20:7
Declaratory [lJ -
15:23
declined [1] - 33:6
deemed :2] - 20:19.
21:6
deep (1J - 8:6
defeat [1] -15:5
Defendants (4) - 1:17.
2:8,13:21,33:4
Defendants' 5:14,
5:15
deference14) ~ 9:6,
17:12,17:22,21:24
deficiencies (1] ~
15:13
defined [Z] ~ 20:2il
35:24
definition - 21:2
deliberate ]1] ~ 20: 14
deHneate 24:4
delineated [3]
o
cross{3j-12:12.
12:14,37:12
Cross:1] ~ 38:1
CSR[1j - 2:22
Culterton [tl - 21:20
CUrei2j 15:12.15:15
current[lJ - 28:14
custodYlt] - 25:1
cut ttl ~ 34:10
H
GenerarsPJ - 30:14
genenS[21 - 21:4.
21 :14
Gibson t3J - 4:21,
4:23,5:6
GIBSON {3J ' 2:4,
4:22,4:24
given (1] 16:1
glad (1J - 41:2
gospel (11 13:16
govemment(21- 9:24,
10:2,31:18,31:19"
31:22,31:23,33:14,
33:17
GovemOrr2] - 24:1,
25:21
gracefully [1] - 11:5
graot[2] 18:17, 37:1
granted 111 - 37:1
granting [31 - 36: 1,
36:13, 36:15
grave [1]- 10:3
grounds [6]- 10:8,
11:15,19;3,30:18,
34:14
group [1] , 32;19
guess [2] - 12:5, 23:8
guilty n - 8:3
J
keepf1) - 31:14
kids(1)-14:6
kind - 12:21,
27:14,28:13,30:15,
30:16,31:7,31:13,
32:14,34:12,34:14
knows 26:18
Koehler[1j- 23:21
involves [1] - 36:6
irreparable [51 - 19:9,
24;20,35:4,35:16,
35:17
issuance (1] -16:8
issue (17)- 5:19, 6:2,
7:8,9;5,12:6,12:10"
13:23, 14:12, 14:13-
19:22,22;17,26:23,
29:14,34:22,34:24,
37;7
issues [9] - 13:20,
13:24" 14'" ,5:",
17:10,17:14,37:6,
37:10,37:18
itself!1] - 25:5
James (1] - 5:1
jeopardy;1] - 25:4
JOHN ii]' 1:21
Joliet [1) - 4:4
JOLlET[1)-1:7
Judge [10] 4:13,
8;17,12:5,14:3,
19:21,20:2,24:5,
40:11,41;8,42:12
judge [1J 4:16
Judgment [3J - 37:13,
38:1,40:14
judgment [1] - 20:8
Judicial [1) - 42:7
JUDICIAL [2J ' 1:2,
42;1
July [4) -122, 28:19,
38:3, 42:24
June[15J-6:16,
10:15,14:21,14:22,
14:23, 14;24, 15;2,
28:21,38:12,38:17,
39:6,39:12,39:13-
39:15
jUry[3J - 39:21, 40:17
10:17, 13:11,
18;11,35:7
1.le[2J-5:13,16;19
laundry!4] - 21:2,
21 :3, 21 ;6, 21:9
Law;31 2:3, 2:5,
34:19
law[31j - 8:5,10:24,
11:1,13:22,18:19,
19:11,25:9,25:22,
25;23,25;24, 26;12,
28:6,29:6,29:12,
30;5,30:9,30:10,
31:5,31:6,31;12,
31:16,33:7,33;18,
34:8, 35:2, 35;6,
35:12,35:18,35:19,
35:23
lawless[1J - 10:8
lawlessly[1J - 25:17
laws [2] -10:24,32:1
lawsuit;lJ -14:22
le.d[1J-11:3
leader [1] - 21 :21
least [1J - 26:4
leave (41 " 8:9, 9:4,
11:8,16:14
Leave[3j- 5:15,5:16,
12:6
legal [5J - 9:16,13:24,
14:1,37:7,37:18
legally [C]- 10:8
legislation [1J - 37:4
legislative [2] - 23:13,
23:22
length [1] - 24:21
letter [5J - 7:18, 15:1.
19:23, 19:24,28;19
letters [lJ - 31:9
letting [1J - 39:11
liberty!2] -13:12,
17:2
License (1) - 2:24
Iicenses[1J -16:24
1-----------1 licensing [3J 6:15,
K
16:23,26:22
lieu[1]-21:2
Iightp]-13:10
likeHhood [6] - 19: 11 ,
25:12,31:15,35:6,
35:20, 35:23
IiketY[1]- 33:22
USA[1J 1:11
Lisa[1] - 4:5
1-----------1 list [4J ' 21 ;3, 21 ;6,
l 21:9,21:12
1---,---------1 Ilsts[1J- 21:2
Labs [1] 9:14 11:23<
lack [ll 23:9, 34:3 11 :24
langu,'fgepJ !lve 13:16, 14:1,
hold [2] 6:23,26:21 Inc 11)- 9:14
holding Pi 6:22 INC [1J 1:7
homes [3] - 28:10, inclusion n - 21:14
36:10,38:21 incorrect [1] 10:8
HOnor[33J - 5:22, 6:1 < indeed POl- 8:10,
6:3,6;9,6:12,9;6, 10:14" 12:2, 13:U
10:11,11:12, ,2:1" 14:5,17:9,20:6,
12:17,14:11,16:1" 23:18,23:20,25:12
16:12,17:12,17:18, independent[1]-
18:17,19:2,19:4, 32:21
19:16,20:6,21:13, Indian [1] - 32:18
23:5,23:10,24:2, indicated [1J - 21:2
24:13,24:14,25:10, indiViduals [4J - 4:5,
25:18,26:16,26:18, 5:4,26:23,27:5
28:6, 30:3, 32:11. Inevitably [1J - 25:7
33:2, 39:24, 40:20, information [4J - 7:8,
41:1,41:4 6:22,29:18,31:10
HONORABLE [1] - injunction (13) - 16:8,
1:21 19:8,19;10,20:10,
hope [1J - 17:7 26:19,34:15,34:23,
HUFF [iJ' 2;2, 4:19, 35:5" 35:16, 36;2,
5:2 36:14,36:16,37:2
Huff [2J " 4:18, 5:7 Injunction (11 - 16:15
Human [l-n - 1:15, injunctive i5] - 6:20,
4:8,7:21,8:3,8:22, 20;6,31:7,34:12,
15:14,18:7,20:14" 38:7
21:1, 22:3. 29:19 injury [5J - 19: 10,
HUMAN [1J - 1:16 25:4,35:5,35:16,
1-- --1 hurdle [2] -12:12, 35:17
12:14 insofar [3] - 22:4,
1-- -\ hurting [1J - 34:4 22:8,22:9
Haines [3J - 23:14, 1-----------1 instead [3J - 11 :2,
23:15,23;20 I 11:9,22:14
hand [1J - 17:9 1-:--:--------1 intake [21 - 27:4, 27:5
h ndl d 37 11
idea ',"-,' 13:4
a e [1] - : intakes [1J - 39:3
handl
'ng"; 22'5 identifying [1J - 27:10
I ;2, - .! > intelligent (1] - 18:6
27'2 ignore;1] - 22:22
, intend [1J - 29:11
h nd
"It IL [1] - 2:23
a wn en [1J intention [1) 34:7
40'21 illegal [1] - 10:8
, , interactions \1]- 18:5
happy :1
' 7'24 ILLINOIS ',4J - 1:3, 1:5,
o j , interest [8] - 9:16,
hardPJ -11:21 1:11. 42:2 12:3,14:8,14:9,
harmp] - 24:20 Illi
n
ois!2sJ 1:5, 1:6, 24:18,25:19,28:4
hate[1]-4:14 1:7.1:12,1:13,1:14. interests[3]-13:9,
heaf[4] - 6:2, 7:24, 1:16,1:16,2:8, 4:4, 13:12,17:2
12
'14 '8"6 5:9.7:21,8:5,9:22,. 1 rI '216
o ," In e ere ilJ - :
heard
'5' 61 8"24 13:20,13:22,18:5,. 81'
l ,- ,., . , Interrupt pJ - : L.
11
"23 18'2 20;n 20:24, 21:10, I ' 9
, , ' nterruptlOn [1J - :
HEARING
'19 24:3,26:12,26:14.
,. intervention [1J - 27:3
h 0
32:7,35:14,42:7
earing [8J 1:2 " Introductions _
1
" 22 '81 'v' 4"'- immediatel2J - 12:19.
,;:. ""J: ,L,. 5:12
20:9
38:5, 39:19,40:15, investigate [1J 36:23
42:8 imminent [1] - 17:20 investigation [4J
held [4] 1:20,6:13, !mpact[1]-14:5 7:23,8:19,30:2.
12:L 20:22 impacted 20:5 30:7
herebY[2> 42:7, impeUed - 13:18 Investigations
42:11 implies 21:15
. 30:4,30:6
h
"" 1"20 Imposingi1J-31:18
tguest n u: Invitations [1J - 11:3
hlnt;l] 10:23 impropef[1J 25:16 Invite [1] 7:14
INC}:j 1:2,1:5,42:1
history [2] !nvoived - 28:2,

li1F"pHcableitl 11:1
:Ld P.. 35:1,313:5
22:20
parents (1) - 9:19
part 15) - 12:3, 15:4,
22:20,25:7,33:20
particular [2J - 6A,
8:21
parties (4) - 5:5, 6:17.
12:20,29:2
partS[2J -7:19,8:18
passed (1) 23:24
pastpJ - 37:11
patent (1] - 25:5
Patricia PJ - 4:21
PATRICIApJ - 2:4
payl') - 27:15
payments [3J 9:17.
9:18,28:8
pending (2) 29:8,
37:3
people [2J - 4:14,
18:14
PEORIAl') - 1:6
Peoria [3] 2:6, 4:3,
5:7
performanCe[i] -
27:11
performed (1)- 23:18
perhaps (1] -11:19
permanency[1J - 11:9
person [1] - 31:19
persons (1) - 17:6
Pete [1J - 42:12
PETER p) - 2:2
Peter in - 4:17
Petition (1) - 15:23
phrase [1] - 23:8
pick[2]- 34:1, 39:24
place (5) 18:8, 20:20.
36:16,38:23,39:1
placed [1J - 14:8
placement[2j -14:17.
28:7
places [3J - 8:4, 10:1,
21:6
Plaintittl3] 2:5.
18:24,378
Plaintiffs [22) - 1:9,
2:3,6:12,7:11,9:11,
10:5.14:6,21:16,
26:2,26:21,29:10,
29:19,30:19,31:1,
31: 10, 31 :22, 33:5,
33:1,33:8,34:6.
35:9,40:4
Plaintlffs'[4-J 5:16,
9:21,31:8,40:14
plead [3] 13:10,
13:13
pleading - i 7:24
pleadlngs[}] - 24:7.
p
Page (1J - 9:23
PAGEt1j 32
paid Pt - 132
papers HUB.
24:4
paragraph [2) 23:2,
23:9
paramount (2] +
11:10,14:9
paraphrasing +
2223
parentheses '<'
N
o
nameliJ - 4:15
nation [lJ - 32: 18
nativep]- 32:19
nature [1J 19:17
nay PJ - 15:21
near [i)- 25:10
necessarily [,]- 21 :15
need [8] 8:13, 19:9,
19:22,20:3, 30:23,
35:4,35:10,41:5
needs(;?J - 28:13,38:3
negatepl - 24:18
negotiations [i) -
28:20
neve(4) - 10:20,
10:22, 10:23
neW[9J - 6:17, 9:8,
17:10,22:18,27:4,
27:5,39:5,39:11
NOpj-1:10
non [5] -1:5,1:6,1:7,
21:12,21:14
[3J 1:5,
1:6, 1:7
non-sectarian [2] -
21:12,21:14
NOne[2J- 3:3, 3:10
note [1]-14:20
nothing (3] - 8:1.
32:16,39:5
notice P2} - 7:20.
10:24,11:22,1421,
16:15,16:21,1622,
17:7,17:11,17:14,
18:1
notices [1]. 16:20
number[3] - 24:23,
35:3,35:8
numerous P)- 20:4
nutshell [2} 32:10,
33:9
o'clock [3) - 40:5,
4D:8,40:16
object i2l 12:5,
15:19
objection f4j 5:20,
6:9,15:14,16:2
objections[?] + 18:16,
22:16
objectives!,\] - 11:10
OF t1it 12, 1:4, 16,
1:?, 1:7, 1:11, 1:14,
1:16,1:20
OffiCe[4} 4:17. 7:16,
29:17,
Office (1) - 30:14
official [4] 1:11.
1:12,1:15,4:5
Official f3J - 2:22,
42:5,42:15
offiCials [1) 8:11
officiate (1) 32:20
old [I] - 39:2
one [19J - 9:8, 10:1,
10:19,14:18,15:10,
21 :11, 23:6, 23:8,
26:9,32:21,35:3,
35:7,35:9,35:21,
40:1,40:22,41:2,
41:3,41:5
[1] 9:8
ongoing [4] - 14:18.
28:20,30:2,35:13
operate [1] 39:14
operating [i) 38:13
opinion [i) - 37:7
opportunitY!'J -
11:23
opposing [i] - 12:5
opposite n - 8:2
orally (1) - 17:23
order [7] - 20:9, 25:23,
30:23, 39:8, 40:21,
41:3
Order (3) 12:15.
15:24,16:15
ordering [71- 38:7,
38:14,38:18,3820,
39:4, 39:9, 39:10
organizations Pi -
7:19
orientation (2) -
20:16,22:2
original [1] - 8:8
othelWise (2) - 13:20.
1718
outcome[1l- 37:3
overnight[i)-17:19
1---------'1 oversight[i] - 25:1

MisS [10] - 4:23, 5:6.
5:9,6:11,15:3,15:9,
18:22,26:17,36:19,
38:24
MISSI3S) - 2:7,4:22,
4:24,5:11,6:6,6:12,
15:10,16:1,16:4,
18:23,26:18,28:20,
28:23, 29:2, 29:4,
29:9,29:14,29:23,
30:2,32:11, 33:2,
33:10,33:13, 33:19,
34:5,34:11,37:16,
37:19,38:6,38:9,
38:14,38:18,39:2,
39:7,39:13,39:17
miSSion [3]- 11 :7,
13:15,26:3
model [1} - 26:9
moment [1] 7:24
Monday [2] 40:5,
40:8
moot [9] - 5:24, 7:4,
7:12,8:13,8:14,
8:15,14:13,14:14,
33:21
Mootness [ll - 5:18
mootness [7) 5:19,
6:2,7:7,12:6,12:10,
14:12,156
moralistic [1]- 26:10
moreover [1] - 14:20
morning [4) - 5:14.
24:24, 40:6, 40:9
Motion [9] - 5:16,
5:17,12:6,12:13,
12:14,15:8,15:18,
16:14,40:14
motion [7] 5:23, 6:4,
10:11,15:6,15:13
16:16,40:15
motions (1).37:12
Motions [2] - 37:12.
38:1
Mount[1} -13:17
move - 9:5, 12:12,
16:7,37:23,38:23
MR;39} 2:2, 2:2,
4:11.4:13.4:1ft
4:19,4:20.5:2,5:21,
6:1,6:8,7:14,8:17,
9:4.11:18,12:11,
12:17,14:1 11'3:11.
19:2.19:15.19:21,
202 20:6, 23:5,
23:10,23:15,24:8,
24:11. 39:24, 40:3,
40:7,40:11,40:1R
40:20,41:1.41:4.
M
ma'amp] - 39:16
Madigan [1] - 4:5
MADIGANl')-1:11
maintaining [1] -
24:19
majority[1] - 21:21
mandates [2J - 25:24,
26:1
manner [2] - 18:3,
23:2
Marchp]-7:18
marital [2J 20:16,
22:2
matter[7] 7:3. 8:17,
11:1,14:20,16:18,
17:24,25:18
maxim[2J " 21 A,
21:14
McEwen[?J -1:12.4:6
McGregof[i} 15:1
mean [8] - 8:12, 8:14,
13:18,19:19,28:3,
34:10,37:18,3810
meaning [2J - 20:20,
32:23
meaningful [2J - 18:2,
18:3
means (4) - 36:2, 38:2.
39:8
measure [1} - 23:24
Medicaid;2] - 9:18.
9:19
Medical [3]9:14,
1012,24:17
meeting [1J" 10:15
mention [1] - 25:13
mentioned [2]- 12:2,
25:21
merely[1} 29:17
merits [6] 19;11.
31:16,33:22,35:6.
35:20, 35:24
met[1J 8:10
militia [1]" 33:1
mind [2J" 17:<L 31 :15
minutespj" 23:23
mispronounce [1]
4:14
miSS - 24
14:2,26:12
livest?] -14:5, 36:12
logical [21- 12:8, 12:9
look - 7:3, 11 :21,
16:23,36:6,38:16
looked (1) - 11 :14
lose [1] - 35:22
1055[1]-13:14
Q
questioning ('I *
23:14
questions;,] 40:19
quickly(3) - 13:1
25:17,39:19
quo (6) + 24:2(L 25:11,
26:5,2616,3612,
37:2
quote "9:22
10:12,11:9
project[3]- 9:13,
14:15,14:16
promptlYl2] 18:15.
26:8
properp] 11:22
properly PI' 15:20
property[3)- 12:3,
13:9, 17:2
proscriptions 11]
22:4
prosperpj 26:13
protect [1] 26: 15
protectable [2] - 9:16,
123
protection [3J - 19:9,
35:4,35:10
Protection [4J - 18:9,
22:18,32:7,35:15
protects [1] 22:21
provide [31 8:22,
13:3,26:22
providers [2] - 28:4.
39:5
provides [1] - 26:5
provision [SJ - 6:14,
6:24,8:21,27:19,
28: 15, 30:20, 30:21,
33:24
provoked[,j-17:11
Pryor (2)- 2:22, 42:5
public [7]8:4, 14:8,
18:8,20:21,216,
25:19
Pucckorius (1) * 10:10
purport [il * 23:1
purported [1J - 18:21
purportedly [1] - 17:3
purpose 1'] - 21 :21
pursuant[,] 7:17
pursuefj) 22:12
pursuit [1] H 18:19
PUtf2] -16:12, 25:6
putting PJ 37:5
24:10,36:3
point [3J - 7:2, 7:3.
7:7,12:18,30:10,
33:19,34:15,37:17
pointed(1]- 24:14
police [1J - 36:22
Polyvend [1)- 10:10
position [1] - 15:22
positiven -10:18
possess [3) - 19:8.
35:3,35:9
possibilitypj - 36:11
posture n - 10:1
poweq,j - 36:24
practice 11] - 32:17
practices [2] - 22:24.
23:1
pre [1J - 10:5
pre...existing [1J - 10:5
precipitated [1]-
18:20
precipitous [2] -
17:17,25:2
precipitously {3J -
11:13,17:3,17:7
preferpJ - 6:10
preliminary[8]- 16:8,
19:8,20:10,26:19,
34:15,34:22,36:16,
37:1
Preliminary(1)-16:15
present [5] - 4:10. 5:4.
35:2, 35:3, 40:20
pressing [2J - 17:20
prevail [1] - 33:22
prevailing [1] - 31 :16
previous!1] - 26:24
previouslyp]- 21:11
principles [il 22:13
problem [1J - 28:1
proceed [4J - 16:4,
17:8,18:18,19:15
proceeding [4] - 6:9.
7:12.15:15,33:20
PROCEEDINGS;:; ,
1:20
proceedings (3J -
41:9,42:8,42:12
process (3J - 18: 1,
19:17,27:6
profit [AJ + i :5. 1:6
1:7 13:14
profoundly (1) 8:6
program;1] 27:23
prohibit (1) -18:10
prohibited (1] - 22:2
prohibiting p) - 32:2
prohlbits(2) 31:17,
raisedp]-15:13
rating [1] 10:19
reach i2j - 6:17,22:1
read [18J - 23:6, 23:7.
23:8,23:10,23:11,
23:16,24:6,32:3,
32:5,32:21,32:22,
33:1,34:16,34:18,
34:20, 35:11, 35:21,
36:1
reading Pl 35:11
ready [1] - 24:9
real [1] 13:5
realize (1] - 34:23
reaUYi4] - 9:11,21:13,
34:10,38:9
reasonable [1] 31:15
reasons P) 8:7
receive [1] - 9: 17
received [4] - 5:13.
6:4,10:16,31:11
recipients!,] - 9:19
record [,] - 30:12
refef[2] - 22:14,26:6
regardp]-17:17
regime [1J 26: 11
regulate [2]- 23:1,
32:17
regulated[1J - 33:1
regulations [1J - 11 :21
regulatory[1j - 30:21
relational (2) - 9:12,
24:16
relations [1] 12:19
relationship fS) 9:24,
10:6, 10:9, 10:22,
12:4,13:7,22:9,
24:19,35:14
relevant[1J - 20:19
Relief[,) -15:23
relief [10] - 6:20, 6:21,
17:19,20:9,28:17,
29:15,30:16,31:7,
34:12,38:7
religion (2J - 31 :17.
31:21
rellgious[EJ-l1:7,
13:15,18:13,2212,
22:13,22:24,23:1,
23:19,26:1,26:3.
32:1,32:17,32:18,
33:5,33:16
ReilgioliS(5) - 18:9.
22:18,24:3,32:7,
35:15
remedy [T; * H'fi 0,
1---------1 25:9,25:10, 34:24,
R 355,3518,3519
rem!fidhlg(i]-
removed 11] - 25:8
removing PJ - 38:21
renew [5J - 28: 18,
29:8, 33:6, 34:5,
36:1S
renewal (2) - 16:23.
27:18
renewed [71 - 8:15,
9:10,15:3,16:24,
20:1,27:20,27:21
renewing [2] - 35; 13,
37:3
repeat [11 14:13
repeated (2)- 11 :2,
25:20
REPORT;:}, 1:20
reported [1J - 42:8
Reporterp]- 2;22,
42:5,42:15
represent ['J - 5:6
representatives [,]
29:17
request [6]- 6:20,
16:7, 18:24,27:3,
29:18,31:11
requested [1] - 8:21
requests [1] - 28:23
require [,] - 29:5
required [1] - 27:15
requirement [1J - 17:8
requirements [3]
16:21,16:22,35:2
requiring (1] - 39:3
researching p] -
16:18
resolved [1]- 14:2
respect [,2] - 7:5.
26:13,27:11,27:18,
28:16,29:6,29:15,
30:4,30:13,31:1,
31:15,33:20
Response [4] - 5:14.
5:15,5:16,6:7
response [1] - 18:6
responsibilities [,] -
30:5
Restoration p] - 24:3
restore (1) * 26: 15
restoring + 25:11
Restraining (3) -
12:15,15:24,1515
restraining [1J + 20:9
restrictive [1J 26:4
result)1) - 28:8
review [1] 27:8
reviews [11 10:16
Rights - '1:15, 4:8,
7:21, 8:3, 8:22,
15:15,18:1,20:15,
223,29:19
rlghts[s]
26:1,26:13,33:9,
33:10
RIGHTS [1] 1:16
ripepl-30:11
ripped 11J - 28:10
riskpl- 28;6
road [2} - 37:23, 37:24
Rocco [1] - 4:7
ROCCOn, 1:14
Rockford (5)- 11 :4,
27:22, 28:2, 28:3
Roman [1J - 7:19
Room [1J - 2:23
rule;2J -10:4, 33:18
ruling Pl 33:21
run [1] -17:1
5
safe [1]- 28:7
Sangamon (2)- 2:23,
42:6
SANGAMON ;2] , 1:3,
42:2
satisfy(:;, 34:12
schedule [2J - 37:12,
37:22
SCHMIDT(1(,1:21
scruplesPJ-18:13
seamlessly [1J - 27:23
second [3] - 22: 17,
32:22, 32:24
sectarian [4] - 21: 12,
21:14,21:16,21:23
Section [7] - 23:4,
23:6,32:5,32:6,
32:9,32:11,35:14
6:8,19:13,
22:21,26:3,30:15,
31:7,32:14
seek(4J - 6:21,10:5,
27:12,31 :22
seeking [1J - 10:2
Senatoqsj " 21 :20,
23:14,23:15,23:20
sending [1] " 27:8
sent [2J - 28:24, 29:17
sentence (4) - 23:3,
32:21,32:22
sentences (2) 23:7,
23:16
separately [1] - 23:17
sequenCe]1] 12:9
series [2] - 9:9, 24:16
Sermonf1J 13:16
serve [3] 17:6, 18:12,
18:14
served [3] 14:22,
18:1,t 26:24
service Hi - i 1:9,
16:19,26:7,27:16
Servicesi5] 1:13,
4:7,6:14, 10:18,
14:24
services [fj 6: 15,
9:21,13:3,23:18,
26:22,26:23,28:15
SERVICESp],1:14
servicing [1J 26:8
set [2J 37:11, 38:4
seven [51 - 17:12,
18:18, 19:20, 37:9-
38:2
seventh [1] - 42:6
SEVENTH'" - 1:2,
42:1
sexual [2]- 20:16,
22:1
shalt111- 32:16
shape [1J - 23:2
18:15,
22:15
short [21 - 25:23.
27:15
shortterm [1] 27:15
shorthand [1J 42:8
showp]- 28:12
sicn
H1
5:1
side [2] - 36:7, 36:14
5Igo(1)-41:3
signed [1] 23:24
similar[1] - 21:5
simply[5]-9:12,11:5,
18:4, 26:20, 31:9
sln9Ie(1]- 9:13
sisterr1] - 11:3
sitting[1j-15:18
situation [6] - 7:9,
13:5,27:18,29:16,
31:21,38:11
situations [2J - 9:20,
11 :10
smidgeon (i] - 23:21
smooth [1J - 27:12
so-called P)- 17:4
social (2) - 11'10,
23:18
society [1] - 26:10
sole -11:15
soiely(1] - 27:21
solemnization [1i
32:13
solemnlz8[1] - 32:20
sometime - 38:5,
39:20
5Omewhat[1j 24:21
sorryi1} 5:21

sortsn 8:1
Southern [21- 20:24
specifically i4J
13:10,21:22,22:22,
23:16
speedp],20:14
speU[1] 17:22
spelled (1) - 24:22
spOnSOf[2} - 21:20,
23:10
SPRINGFIELD [1]'
1:5
Springfield (2] - 2:23,
4:2
SPRINGFIELD,IN,
ILLINOIS 1'] , 1:5
stability;1] - 11:9
staff [1] , 25:6
stake (1) 13:9
stand [3] 22: 12,
24:5,29:22
standing [1J - 10:6
stands (1) -19:23
STATE[l],1:11
State[5G]-1:12,1:13,
1:14,1:15,1:16,2:8,
4:4, 5:8, 521, 5:23,
8:5,9:17,10:6,10:7,
10:20, 12:20, 13:4-
13:20,14:14,14:18.
14:21,15:19,17:8,
17:16,18:1,18:5,
19:14,19:18,21:1,
22:19,24:24,26:11,
26:14, 28:6, 29:6,
29:11,30:3,30:19,
31 :5,32:2,32:4,
32:6,32:8,33:7,
34:3,34:5,34:7.
35:12,38:4
State'S]3J - 15:22.
36:9,40:15
statement [1] - 21:19
states [2] - 22:23, 31:9
status [9]- 20:3.
20:16,22:2,24:19,
25:11,26:5,26:16,
36:17,37:2
statute (3) - 8:21,
20:23,21 :8
statutes [1) + 25:20
statutory[3] - 6:24,
21:4,30:20
stay {3) - 17:9, 38:23.
39:1
staying (1)- 39:12
stays ]'] , 39:5
stilli4] 14:18, 17:19,
19:22,20:13
st!pulation [2] 7:15,
9;2
lable []], 9:4
teams (1) 27:8
teaser(1) -19:19
Temporary[3J - 12:14,
15:23, 16:14
tenorpJ 6:19
termpl 23:9,27:15,
34:3
terminate 10:9.
25:16
terminated [21- 10:23"
11:2
terminating
14:16
termination
27:22,28:1
transitioning [51 -
17:5,17:17,27:7,
30:22,31:2
trial \2j - 39:21, 40: 17
tribe ],],32:18
TRO ]f]' 15:14, 16:4,
18:24, 19:8, 19:23,
26:19
TROs [11 - 30:6
truen 42:11
Trustees [1] 20:24
truth [1] 13:5
try::] ,17:23
TuesdaY[1] - 39:22
turn [1] 16:9
two [3] 8:18,23:7,
23:16
typed [1J - 40:22
typewriting [11 42:10
u
undeq2oJ- 8:4, 8:21.
9:14,12:22,18:1,
19:18,20:22,21 :3,
21 :13, 22:3, 24:3,
24: 17, 25: 1, 26: 11,
26:12,26:24,29:19,
35:2,38:13,39:15
undergo [1] 17:6
underlying [1J - 6:21
unexpected\11- 6:4
union [3J - 25:24,
32:13,32:20
Union H1- 18:9.
22:19,32:7,35:15
unions [2] - 22:22.
29:6
University(1) - 21:1
unless [2] - 10:24.
39:21
up [21 5:19, 40:22
urge ,2] - 26:14, 26:15
uttered [1] - 23:23
v
values n - 13:16
various t1} - 5:4
vendor's t,} - 27:21
verbatim en 40:24
version 20:23
versus - 4:4
view :",1 22:19
VieWS[1j- 26:11
violated [2] 31 :6,
31:12
violating [4-] - 32:4,
32:6,
violation (5) 7:21,
8:20, 13:22, 33:9,
33:10
violations (1) - 8:3
voluntarily [1] - 11:5
voluntary [1J 34:6
w
wake[t] -16:19
walk[t]-11:5
week [6J - 38:5, 39:20,
39:21,39:22,40:3
welfare(2)-11:10,
12:4
well-regulated [.,j-
33:1
Wesl:1]- 34:19
15:4
willing [1] - 28:5
win [1] - 35:22
wish[3J -13:13,19:4,
32:23
withdrawing (2)
7:22, 18:24
withheld [1J 28:8
WITNESSES i'] . 32
word [1] 8:24
wording [1J - 22:23
words (2) - 23:23,
34:1
wrenched [1J + 14:7
written It)- 40:21
y
yank [1J - 36:9
yeaQ31- 7:18,10:17,
16:24
years[2J-9:11,16:24
yesterday [2] 6: 7,
25:21