SNYDER v. MURRAY CITY CORP.

No. 96-4087.

159 F.3d 1227 (1998)

Tom SNYDER, Plaintiff-Appellant. v. MURRAY CITY CORPORATION, a municipal corporation; H. Craig Hall, City Attorney for Murray City Corporation, Defendants-Appellees. United States of America, Intervenor.

United States Court of Appeals, Tenth Circuit.

October 27, 1998.


Attorney(s) appearing for the Case

Brian M. Barnard (Andrea Garland of the Utah Legal Clinic, with him on the briefs), Cooperating Attorneys for Utah Civil Rights & Liberties Foundation, Inc., Salt Lake City, Utah, for Plaintiff-Appellant.

Allan L. Larson (Richard A. Van Wagoner, with him on the brief) Snow, Christensen & Martineau, Salt Lake City, Utah, for Defendants-Appellees.

Before SEYMOUR, Chief Judge, HOLLOWAY, Senior Circuit Judge, PORFILIO, ANDERSON, TACHA, BALDOCK, BRORBY, EBEL, KELLY, HENRY, BRISCOE, LUCERO, and MURPHY, Circuit Judges.


EBEL, Circuit Judge.

This court has agreed to rehear this case en banc2 to consider whether the Establishment Clause of the First Amendment prevents a city council from denying a request from a private citizen to give a prayer at the opening of the council's meeting when the denial is made on the basis of the content of the proposed prayer. The Supreme Court of the United States has previously held in Marsh v. Chambers, ...

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