SOCIETY OF SEPARATIONISTS, INC. v. HERMAN

No. 90-8660.

959 F.2d 1283 (1992)

SOCIETY OF SEPARATIONISTS, INC., Plaintiffs-Appellants, v. Guy HERMAN, Judge of the Travis County Court at Law, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 17, 1992.


Attorney(s) appearing for the Case

John W. Vinson, Austin, Tex., for plaintiffs-appellants.

Ken Oden, Travis County Atty., James W. Collins, Director, Civ. Div., Austin, Tex., for defendants-appellees.

Javier P. Guajardo, Asst. Atty. Gen., Renea Hicks, Sp. Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, Tex., for intervenor State of Tex.

Before POLITZ, Chief Judge, GOLDBERG, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA and DeMOSS, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Robin Murray-O'Hair and the Society of Separationists alleged that a state judge excluded O'Hair from a venire and held her in contempt because she refused on religious grounds either to swear or to affirm to answer voir dire questions truthfully. They sought damages as well as declaratory and injunctive relief for violating their rights under the Free Exercise Clause of the First Amendment. The district court granted defendants...

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