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FREILER v. TANGIPAHOA PARISH BD. OF EDUC.

Nos. 97-30879, 98-30132.

185 F.3d 337 (1999)

Herb FREILER; Sam Smith, Individually and in his capacity as Administrator of the Estate of his minor child Steven Smith; John Jones, Plaintiffs-Appellees, v. TANGIPAHOA PARISH BOARD OF EDUCATION; E.F. Bailey; Robert Caves; Maxine Dixon; Leroy Hart; Ruth Watson, Donnie Williams, Sr.; Art Zieske, Individually and in their capacities as members of the School Board; Ted Cason, Individually and in his capacity as Superintendent of Schools, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 13, 1999.

Attorney(s) appearing for the Case

Marjorie Ruth Esman, New Orleans, LA, for Plaintiffs-Appellees.

Barry Weldon Ashe, William D. Treeby, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, LA, Kenneth F. Sills, Karen Denise Murphy, Hammonds & Sills, Baton Rouge, LA, for Defendants-Appellants.

Edward McGlynn Gaffney, Jr., Los Angeles, CA, for Christian Legal Society and Union of Orthodox Jewish Congregations of America, Amicus Curiae.

Gary Joseph Simson, Glenn Graham Galbreath, Cornell Law School, Ithaca, NY, for National Committee for Public Education & Religious Liberty, Amicus Curiae.

Marc D. Stern, American Jewish Congress, New York City, for American Jewish Congress, Amicus Curiae.

Michael McIlwrath, Roger David Netzer, Willkie Farr & Gallagher, New York City, for National Center for Science Education, Inc., Amicus Curiae.

Before KING, Chief Judge, and POLITZ and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Parents of children in the Tangipahoa Parish Public Schools brought this suit to enjoin their school board from mandating that a disclaimer be read immediately before the teaching of evolution in all elementary and secondary classes. The district court held that the disclaimer constituted an establishment of religion in violation of the First Amendment. We affirm.

I.

The teaching of evolution has created controversy for...

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