APPEAL TO THE ILLINOIS APPELLATE COURT

FOR THE FOURTH .JUDICIAL DISTRICT

FROM THE CIRCUIT COURT FOR THE SEVENTH .JUDICIAL CIRCUIT,
SANG AMON COUNTY, ILLINOIS
CATHOLIC CHARITIES OF THE DIOCESE
OF SPRINGFIELD-IN-ILLINOIS, an Illinois
non-profit corporation, CATHOLIC
CHARITIES OF THE DIOCESE OF JOLIET,
INC., an Illinois non-profit corporation, and
CATHOLIC SOCIAL SERVICES OF SO.
ILLINOIS, DIOCESE OF BELLEVILLE, an
Illinois non-profit corporation,
Plaintiffs-Appellants,
vs.
)
)
)
)
)
)
)
)
)
)
)
STATE OF ILLINOIS, LISA MADIGAN, in )
her official capacity as the Attorney General )
of the State of Illinois, ERWIN McEWEN, )
in his official capacity as Director of the Dep't )
of Children & Family Services, State of Illinois, )
the DEPARTMENT OF CHILDREN & FAM- )
IL Y SERVICES, State of lIIinois, ROCCO .J. )
CLAPS in his official capacity as Director of the )
Department of Human Rights, State of Illinois, )
and the DEPART:\JENT OF HUMAN RIGHTS,)
State of lIIinois, )
Defendants-Appellees, )
and )
)
SUSAN TONE PIERCE, as Next Friend and on )
Behalf of a certified class of all current and
Future foster children in custody of DCFS in
B.H. v. McEwen, No. 88 cv 5589 (N.I).II1. 1988);
SARAH RIDDLE and KATHERINE
)
)
)
)
)
Intervenors-Appellees. )
(
-+
Case No. 2011 MR 254
Hon . .John Schmidt
Judge Presiding
C!0fl< the
Circuit Court
11
Illinois, Diocese of Belleville, Illinois non-profit corporations ("Plaintiffs"), hereby appeal to the
Appellate Court of Illinois for the Fourth District {"the Appellate Court"} from the Summary
Judgment Order entered by the Circuit Court in this cause on August 18,2011, which granted
Defendants' motion for summary judgment, denied Plaintiffs' motion for summary judgment,
and vacated the Preliminary Injunction which the Circuit Court had previously entered. (A copy
of the August 18, 2011 Summary Judgment Order is attached hereto and incorporated herein as
Exhibit A). Plaintiffs also appeal from all interlocutory orders merged into that judgment
including, but not limited to, the Circuit Court's .August 1,2011 Order granting Intervenors'
motion to intervene (a copy of which docket entry Order is attached hereto and incorporated
herein as Exhibit B), the Circuit Court's August 17, 2011 Order denying Plaintiffs' motion to
strike intervenors' affidavits in support of summary judgment (a copy of the transcript pages
memorializing the Circuit Court's Order from the bench is attached hereto and incorporated
herein as Exhibit C). and the Circuit Court's September 26.2011 Order denying Plaintiffs'
motions for reconsideration and stay (a copy of which docket entry Order is attached hereto and
incorporated herein as Exhibit D).
By this appeal, Plaintills will ask the Appellate Court to reverse the Summary Judgment
Order entered by the Circuit Court in Defendants' favor on August 18, 2011. as well as the other
orders and rulings identillcd supra, to grant Plaintiffs' motion l(lr summary judgment and to
cntt:f of Plaintiffs on Counts! through V their Second Amended &
a penmmlent
\meml"Ll & ,>upp!(;111cnlll
appropriate. In the alternative. PlaintitTs will ask the Appellate Court to reverse the Summary
Judgment Order entered by the Circuit Court in Defendants' favor on August 18.2011, as well as
the other orders and rulings identilied supra. to reinstate the preliminary injunction previously
entered by the Cireuit Court. to remand this cause for further proceedings, and for such other
relief as this Court deems just and appropriate.
Of Counsel:
Thomas Brejcha
Peter Breen
Thomas More Society,
A public interest law finn
29 South LaSalle Street - Suite 440
Chicago, IL 60603
Tel. 312- 782-1680
Attorneyfill' all Plaintiffs
James C. Byrne
Spesia & Ayers
1415 Black Road
Joliet. IL 60435
TeL 815-726-4311
Attorne);,/hr ('otholie Charities
lor the Diocese Inc.
Bradley E. Huff
Richard Wilderson
Graham & Graham, Ltd.
1201 South Eighth Street
Springfield, IL 62703
TeL 217-523-4569
Attorneys fill' Catholic Charities fi)l'
the Diocese o(Sprinldieid-in-II/inois
David Wells
Catherine A. Schroeder
Thompson Coburn LLP
One US Bank Plaza
51. Louis, M063101-1611
Tel. 3145527500
Attorneys jiJr ('atho{ic ";ociai Servr'ces lilt
Southern Iliinois. Diocese olBellevilie
11
CERTIFICATE OF SERVICE
Thomas Brejcha hereby certifies that he is one of the attorneys for the plaintitfs herein
and that he caused copies of the foregoing Notice of Appeal to be served on all persons listed on
the attached Service List by depositing same in the United States Mail, tirst class postage
prepaid, at 29 S. LaSalle St., Chicago. Illinois 60603 on October 4,2011.
Deborah L Barnes, Esq.
Assistant Attorney General
500 South Second Street
Springfield, IL 62706
Tel. 217-782-5819
Fax 217-524-5091
Attorney/br Defendants
~ ~ t k
SERVICE LIST
Brent D. Stratton. Esq.
Chief Deputy Atty. General
100 W. Randolph, Ste. 10-100
Chicago, lL 60601
Tel. 312-814-6234
Fax 312-814-1436
Attorney lor Defendants
Harvey Grossman. Esq.
Roger Balwin Fndn. Of ACLU
180 N. Michigan Ave., Ste.2300
Chicago, [L 6060 I
Tel. 312-201-9740
Fax 312-288-5225
Ally. ji" intervenins; Defimdants
In The Circuit Court
For The Seventh Judicial Circuit of Illinois
Sangamon County, Springfield, Illinois
PROOF OF SERVICE
CATHOLIC CHARITIES OF THE DIOC
VS Case No: 2011MR000254
STATE OF ILLINOIS
The undersigned certifies that service of the foregoing, together with a copy of the:
Docket Entry Dated 8/18/2011
referred to herein, was made by enclosing a true copy thereof in an envelope plainly addressed to :
THOMAS BREJCHA
29 S LASALLE ST
SUITE 440
CHICAGO, IL 60603
and depositing the same in the U, S, Mail postage pre-paid on August 18, 2011
BY:
__ Date __
COURT DOCKET - SANGAMON COUNTY CIRCUIT COURT
Declaratory Judgment
C L E R K MUS T F 0 L LOW - U P
2011 MR 000254 Judge: SCHMIDT JOHN P
Case
CATHOLIC CHARITIES
CATHOLIC CHARITIES
CATHOLIC CHARITIES
VS
STATE OF ILLINOIS
MADIGAN LISA
OF
OF
OF
MCEWEN ERWIN
DEPARTMENT OF CHILDREN
DEPT OF HUMAN RIGHTS
CLAPPS ROCCO J
PIERCE SUSAN
RIDDLE SARAH
WESEMAN KATHERINE B
Attorney Names
THEBREJCllA THOMAS
THE
THE
MADIGAN LISA
H1IDIGAN LISA
MADIGAN LISA
& LISA
LISA
MADIGAN LISA
CRAVEN DONALD
1 Me048pf
Date: a/13/2011
Time: 13/17/02
Page: 1
From 9/1B/2011 To a/1S/201
User; DEBORRAB
!lsid: PClSSl
All Entries For
+
a/la/20l1 Docket Entry Judge SCHMIDT JOHN P
Defendants' Motion for Summary Judgment is allowed.
Plaintiffs' Motion for Summary Judgment is denied.
Preliminary Injuction entered July 12, 2011 is dissolved.
See written order. CLERK TO SEND DOCKET ENTRY AND WRITTEN
ORDER TO ALL PARTIES OF RECORD.
Judge:SCHMIDT JOHN P Clerk:DLB M
IN THE CIRCUIT COURT
FOR THE SEVENTH JUDICIAL CIRCUIT
,
SPRINGFIELD, SANGAMON COUNTY [LLINOIS
Catholic Charities of
the Diocese of Springfield,
el. 0/. I
Plaintiffs,
v.
)
)
)
)
)
)
)
State of Illinois, Lisa Madigan in )
her official capacity as Illinois )
Attorney General, Erwin McEwen )
in his official capacity as Director )
onhe Department of Children & )
Family Services, )
et. aI., )
Defendants, and ,
Susan Tone Pierce, ef. al. '
Interveners.
)
)
)
)
)
2011-MR-254
SUMMARY JUDGMENT ORDER
CIeri< o! \h_
Clr lt Court
This matter comes. before the Court on cross motions for summary judgment by
the Plaintiffs and the Defendants pursuant to 735 ILCS 5/21005. Summary judgment is
appropriate where there isi no genuine issue of material fact and the right of a party to
judgment as a matter of lu\" is free frol11 doubt. PUr/ill v. Hess, 1 i I lIL2d 229 (1986) The
issues presented in this case are ripe for summary judgment. There is no dispute as to the
facts. The controversy revolves around the application of the Jaw. In matters of vigorous
court is facts as
tare and ad(Jption
,-.,
<"'.
with the State of Illinois (Defendants) to provide these services. In approximately June
,
of2011 the State the Plaintiffs it was not renewing its contracts to provide
,
foster care and adoption s.ervices because the Plaintiff would not provide those services to
unmarried cohabitating. couples. The State infonned the Plaintiffs that their failure to
;
provide services to unmarried cohabitating couples was in direct vioiation of the Illinois
Religious Freedom ProteCtion and Civil Union Act 750 ILCS 75/1 et seq.
The Plaintiffs file4 suit and sought a preliminary injunction. This Court granted a
preliminary injunction on;July 12, 2011 preserving the sIC/illS quo until the issues could
be fully briefed.
The issue presentee is whether or not the Plaintiffs have a legally recognized
protected property interest in the renewal of its contracts to provide fosler care and
adoption services. The analysis must begin there. [fthe Plaintiffsllavefj legally
,
protected property interes: then this Court must employ a due process analysis concerning
the State's denial of the cQntract renewal. If there is no legally protected property interest
the analysis ends and summary judgment for the Defendants is appropriate.
Plaintiffs do not have a legally recogriized protected property interest in the
,
renewal of its contracts for foster care and adoption services. Plaintiffs are not.required
by the State to perfonn these useful and beneficial services. There are no statutory terms
creating a property interest in the Plaintiffs' contracts. Thus, the Plaintiffs' contract with
the
is rcnewablle amu),,,; y is a of
ainliffs have COlltrrlClrrci
State to DITlvlde care not
vest the
".,
"',
(1979) The Plaintiffs invite this Court to extend the tenn "legally protected property
interest" to those whose state contracts are not renewed. The Court declines this
invitation. Kraut v. Ratchford, 51 IILApp.3d 206 (l SI Dis!. 1977) No citizen has a
recognized legal right to a contract with the government.
In sum, the Plaintiffs have failed to show they have a legally recognized properly
right to renew their contracts I. The State may refuse to renew the Plaintiffs' contracts. ),'1
Wherefore, the Defendants' Motion for Summary Judgment is
ALLOWED and the Plaintiffs' Motion for Summary Judgment is DENIED. The
,
Preliminary Injunction entered July 12,20 II is hereby dissolved. This is a final and
appealable order.
Entered this I ~ day of August, 2011
J ~ ~ 2 1 ~ \
Seventh Judicial Circuit
Springfield, Sangamon County
f,;.nmd the Pbintiffs R;;ve of their contracts if is
nece-smfY to address their claims the Stilte violzted their Act,
775 fLC5 51l ~ 1 it!. ih;;
CATHOLIC CHARITIES
VS
In The Circuit Court
For The Seventh Judicial Circuit of Illinois
Sangamon County, Springfield, Illinois
PROOF OF SERVICE
I!f)
Case No: 2011-MR-0002S4
AUG 0 1 Z0l1 el
U
4
STATE OF ILLINOIS
LfL, ,P 41 ~ : : : ~ ~ ; r t
The undersigned certifies that service of the foregoing, together with a copy of the:
Docket Entry Dated 8/0112011
referred to herein, was made by enclosing a true copy thereof in an envelope plainly addressed to :
THOMAS BREJCHA
29 S LASALLE ST
SUITE 440
CHICAGO, IL 60603
,
and depositing the same in the U, S, Mail postage pre-paid on August 01, 201!
__ Date __
COURT DOCKET
-
SANGAMON COUNTY CIRCUIT COURT 1 Me04Spf
Declaratory Judgment
C L E R K MUS T F 0 L L 0 W - U P
2011 MR 000254 Judge: SCHMIDT JOHN P
Case Names Attorney Names
CATHOLIC CHARITIES OF THEBREJCHA THOMAS
CATHOLIC CFARITIES OF THE
CATHOLIC CHARITIES OF THE
VS
STATE OF ILLINOIS BARNES DEBORAH L
MADIGAN LISA
MCEWEN ERWIN
DEPARTMENT OF CHILDREN I<
DEPT OF HUMAN RIGHTS
CLAPPS ROCCO J
Date: 8/01/2011
Time; 16/02/02
Page: 1
From 8/01/2011 To 8/01/201
User: JULIAL
Weid: PC91S1
All Entries For
8/01/2011 Dooket Entry
Motion of Proposed Defendants is ALLOWED. Court
finds the Interveners are allowed as a matter of right 735
ILCS 5/2-408(a) (2). Moreover, this provision of the code of
civil procedure is to be liberally construed. Freesen v. The
County of McLean, 277 111.App.3rd 68 (4th Dist. 1995).
Intervening Defendants are to adhere to the same briefing
schedule as set previously in this matter. Court will treat
Intervening Defendant I s t-1otion to Dismiss or in the
Alternative Motion for Summary Judgment as a Motion for
Summary Judgment. CLERK IS DIRECTED TO SEND A COPY OF THIS
DOCKET TO ALL PARTIES OF RECORD.
Judge;SCHMIDT JOHN P Clerk:JIL D



1 IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT
2
SANGAc'10N COUNTY, ILLINOIS
3
4 CATHOLIC OF THE
DIOCESE OF SPRINGFIELD-IN-
5 ILLINOIS, an Illinois non-profit
corporation, CATHOLIC CHARITIES OF
6 THE DIOCESE OF PEORIA, an Illinois
non-profit corporation, CATHOLIC
7 OF THE DIOCESE OF
JOLIET, INC., an Illinois non-profit
8 corporation,
9
Plaintiffs,
10 -vs-
NO. 2011-MR-254
11 STATE OF ILLINOIS, LISA
in her official capacity as the
12 Attorney General of the State of
Illinois, ERlHN t'lcEWEN, in his
13
14
official capacity as Director of the
Department of Children & Family
Services, State of Illinois, and the
DEPARTNENT OF CHILDREN & Fl\+MILY
15 SERVICES, State of Illinois,
ROCCO J. CLAPPS, his official
16 Capacity as Director of the Department
of Human 3, State of Illinois, and
17 the DEPARTt"1ENT OF HULJ'l.n.N RIGHTS, State
of Illinois,
18 Defendants,
19 SUSAN TONE PIERCE, et. al.
20
Interveners.
L:l
2
REPORT OF PROCEEDINGS of the hearing held
I De Ec ce :r.e
,John P. dt 7th
s
of
1


t
1
2
APPERANCES:
MR. PETER BREEN & ~ l R . TOM BREJCHA,
Attorneys on behalf of the
3 Plaintiffs;
4
1'IR. BRENT STRATTON & MS. DEBOPAH BARNES,
Attorneys on behalf of the
5 Defendants;
MS. KAREN SHELEY & MR. HARVEY GROSSMAN,
6 Attorneys on behalf of the
7
8
9
10
12
13
15
16
17
18
19
20
2
3
Intervening Defendants.
KIMBERLY S. NEUHOFF, CSR#084-003044
Official Court Reporter
724 Sangamon County Complex
Springfield, IL 62701
(217) 753-6813
2
26
1 the lateness
this motion handicaps and sandbags the

2
intervening defendants in terms of perfecting and
3 establishing the bona fide of the affidavits. '{,e'd say
4 that also in response that if you look at
Schaffer
5 affidavit you will find that he is engaging in the very
6 same kinds of authoritative opinions gleaned from years
7 in the field that the Catholic Charities do as well. We
8 don't object to them. There is a grounds under which
9 lay witnesses can give conclusory opinions based on
10 their own observations and experience in the speci
11 field in which they're operating, and we think that the
12 affidavits comply with Illinois law, and ",.;e would like
13 the opportunity to submit something in writing. We

think that's fair, we ought to be given that fair
15 opportunity and deal with the nature 1n the way the
16 Plaintiffs ~ ' J proceed.
THE COURT: I read the af
ts, I read the
appropriate case law, keeping in mind that these
aff
ts are meant for the Court. The Court will
20 consider
y what is relevant, reliable and ssible
and proDer
idence Joder the I liGois Rules of Evidence
22 and he I Linoi Rul 3 f
1 cocedure. The ~ o t i
23 to 3t ike :he Affidav t is denied .

55
1 IN THE CIRCUIT CCURT FOR THE SEVENTH JUDICIAL CIRCUIT

2
SANGAl'10N COUNTY, ILLINOIS
3
4
5
6
I, Kimberly S. Neuhoff, an Official Court
7 Reporter
the Cirouit Court of Sangamon County,
8 Seventh Judioial Cirouit of Illinois, do hereby oertify
9 that I reported in shorthand the proceedings had on the
10 hearing in the above-entitled cause; that I thereafter
11 caused the foregoing to be transcribed into typewriting,
12 whioh I hereby oertify to be a true and acourate
13 transcript of the proceedings held before the HONORABLE

14
JOHN P. SCHMICT, Judge of said Court.
:5
16
17
18
19
20
L"-l\UJerly S. Neuhoff
Offic Court
22
23 Dated this 15th
24
Sangamon County Circuit Clerk
Anthony P. Libri C.G.F.M.
r : : ~ r ' ~ "" I ~ ~
~ \ - f
'\.<rwo*.1
Case Information for Case: 2011-MR-0002S4
Docket Detail
Case: 2011-HR-0002S4
Filed: 06/07/2011
Type: Declaratory Judgment
Status: Open
Plaintiff
plaintiff
Plaintiff
Defendant
Defendant
Defendant
Defendant
No Date
Case Participant Attorney
CATHOLIC CHARITIES OF THE DIOe THOMAS BREJCHA
CATHOLIC CHARITIES OF THE DIOe
CATHOLIC CHARITIES OF THE DIOe
STATE OF ILLINOIS
LISA MADIGAN
ERWIN MCEWEN
vs.
Lead: LISA r1ADIGAN
Lead: LISA MADIGAN
Lead: LISA HADIGAN
DEPARTMENT OF CEILDREN & FAMIL Lead: LISA ~ ~ I G M ~
.. Hore
All Codes
06/07/2011 Declaratory Judgment Fee: $223.00
Plaintiff: CATHOLIC CHARITIES OF THE nroe
Defendant: STATE OF ILLINOIS
06/09/2011 Summons Jun 7, 2011 corporation/Government Service
Defendant: LISA HADIGAN
Suwmons left with Rosalie Lawery
06/09/21}11 Summons Jun 7, 2011 Corporation/Government Service
Defendant: DEPARTMENT OF CHILDREN & FAMIL
Suwmons left with Chary lean Sims
(}6/09/2011 Sum.'r!1ons .Iun 7, 2011 Corporation/Government Service
Defendant: ERtHN MCEv.'EN
Surrmons left with Chary lean sims
07/1)5/2011 Notice of Motion Filed by
Hotion/Petition Hearing on Jul 12, 2011 at 2: 30 PM
Assigned Judge: SCHMIDT
Report I open
07/05/2011 Amended Filed by Plaintiff's Attorney: THOMAS BREJCHA
And Supplernental Complaint For Declaratory Judgment, Temporary
Restraining Order, preliminary and Permanent Injunctions, ';lrits of
prohibition,and Other Relief
(;7 :05/2011 t-1otion For Leave Filed by
To ?ile an Amended & Supplemental Complaint and -0 Add New Parties
Assistant:: Attorney General: O?FICE !JP ATTCRUEY CNER;;.L
Defendants to Plaintiffs
to Add HeY parties Defendant
Filed by
}8/2Gl Pleading Filed
Case Infonnation for Case: 2011-MR-000254 - Continued
09/1412011 Appellate Court-Notice to Counsel-Received Record on Appeal Filed by
Six (6) Volume/s Record. 4-11-0728
09/1612011 >temorandum Filed by Defendant's Attorney: DONALD CRAVEN
In Opposition To Plaintiff's Motion to Reconsider
09i19/2011 Notice of Hearing Filed by
Motion/Petition Hearing on Oct 5, 2011 at 3:00 PM
09/20/2011 Notice of Filing Filed by
Intervenor's Motion To Supplement Record
CD of Articles cited in Brodzinsky Affidavit
Filed 8y J. Michael Showalter
09/20/2011 Hotion Filed by
IntervenOrs'S Motion To Supplement Record by J. Michael Showalters
09/22/2011 Objection Filed by
Assistant Attorney General: OFFICE OF ATTORNEY GE1IERAL
To Plaintiffs Hotion to Reconsider,Rehear and Vacate the Summary
Judgment Order of 08/18/11 Dismissing Plaintiffs' Claims and Vacating
the Preliminary Injunction
09/26/2011 Notice of Motion Filed by Plaintiff's Attorney: THOMAS BREJCHA
Emergency
09/26/2011 Docket Entry
Present the Plaintiff by Attorney's BREEN and BREJCHA.
Present the State by AG STRATTON, BARNES and GRANT. Present
Intervenors GROSSMAN and SHOWALTERS. Counsel provided their
own Court Reporter. Cause called on Plaintiff's Hotion to
Reconsider, DENIED. Plaintiff's Motion to Stay DENIED.
Judge: SCHMIDT Clerk: JL
09/26/2011 Notice of Motion Filed by Plaintiff's Attorney: THOMAS BREJCHA
Motion/Petition Hearing on Sep 26, 2011 at 12:30 PM
09/26/2011 Motion Filed by Plaintiff's Attorney: T H O ~ A S aREJCHA
Plaintiff's Emergency Motion For Stay of Enforcement of the Court's
Surnmary .Judgment Order of 08/18/11, and For Reinstatement of the
preliminary Injunction to Preserve the Status Quo Ante Pending all
Further TrialCourt proceedi.ngs und, if Need Be, Pending and Appeal
09126/2011 Response Filed by
Assistant Attorney General: OFFICE OF ATTORNEY GENERAL