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Conservative State Judge Nominated for Federal Bench

President Bush names Consuelo M. Callahan, who has served on the appellate court since 1996, to U.S. 9th Circuit.

The State

February 14, 2003|Henry Weinstein, Times Staff Writer

Initially, a trial judge disqualified the lawyer, ruling it could be presumed that the attorney had knowledge constituting a conflict. But the court of appeal reversed, with Callahan writing that there had to be a detailed review of the facts before an attorney was disqualified in such a situation. The California Supreme Court declined review, thus upholding Callahan.

The same year, Callahan was part of a three-judge panel that unanimously rejected the claim of Catholic Charities of Sacramento that it should be exempt from a California law requiring employers to provide contraceptive coverage to employees. The group contended that the law violates religious freedom because Catholicism views contraception to be "intrinsically evil and a grave sin."


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The appeals court ruled that the statute "does not advance or inhibit religion." Instead, the court said the law served to "eliminate discriminatory insurance practices that undermined the health and economic well-being of women."

The court held that Catholic Charities did not fit within the law's "religious employer" exemption because the organization serves the needs of all faiths and does not proselytize. The California Supreme Court agreed to review the decision, which is still pending.

Callahan served in Stockton as a deputy city attorney and deputy district attorney. She is married to an agent for the federal Bureau of Alcohol, Tobacco and Firearms. The couple have two children.

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