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HARRIS v. JOINT SCHOOL DIST. NO. 241

No. 93-35839.

41 F.3d 447 (1994)

Phyllis Wright HARRIS, on her own behalf and on behalf of her three children; Beverly Harris Butler, formerly Beverly Harris; Samuel Harris, Plaintiffs-Appellants, v. JOINT SCHOOL DISTRICT NO. 241; Board of Trustees of District No. 241; Trent Woods, Chairperson of Board; Al Arnzen, Superintendent, Defendants-Appellees, v. CITIZENS PRESERVING AMERICA'S HERITAGE, INC., an Idaho Corporation; et al., Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 18, 1994.

Attorney(s) appearing for the Case

Stephen L. Pevar, American Civ. Liberties Union, Denver, CO, for plaintiffs-appellants.

James B. Lynch and Kirtlan G. Naylor, Imhoff & Lynch, Boise, ID, for defendants-appellees.

Stanley D. Crow, Boise, ID, for defendants-intervenors-appellees.

Jay Alan Sekulow, American Center for Law and Justice, Washington, DC, for amicus Student Coalition for Free Speech.

Marc D. Stern, American Jewish Congress, New York City, for amicus American Jewish Congress, et al.

Before: WRIGHT, WIGGINS and THOMPSON, Circuit Judges.

Opinion by Judge WIGGINS; Partial Concurrence and Partial Dissent by Judge WRIGHT.

WIGGINS, Circuit Judge:

OVERVIEW

In this case, students and a parent of students challenge the constitutionality of the inclusion of prayer in the Grangeville High School graduation ceremony held yearly in Grangeville, Idaho. The plaintiffs claim that the prayers violate Article IX, sections 5 and 6,1 and Article I, section 4,

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