Donna Graham v. George Deukmejian, Attorney General of the State of California

Appellants are members of the Jehovah’s Witnesses religious group [hereafter “Witnesses”]. Witnesses, as a matter of religious belief, decline to receive blood transfusions during surgery. Certain physicians, few in number, allegedly agree to perform such “bloodless” surgery, and Witnesses allege that these physicians are, therefore, singled out for disciplinary proceedings by California. Allegedly, California seeks to discourage these physicians from performing such surgery by harassing them with such disciplinary proceedings. Appellants contend that California’s action infringes their First Amendment rights. The Witnesses brought suit under 42 U.S.C. § 1983 to restrain California from these actions.

The District Court dismissed on abstention grounds. California also argues that the Witnesses lack standing to bring this action and that the Witnesses do not state a cause of action under § 1983. Although we share some of the concerns of the District Court, we are required to reverse and remand for further proceedings.

STANDING

We reach first California’s contention that the plaintiffs-appellants lack standing to bring this action. The Witnesses must show that they have suffered…