TENNISON v. PAULUS

No. 97-35466.

144 F.3d 1285 (1998)

Robert TENNISON; Barbara Tennison, on behalf of themselves and as next friends for their minor child Tyrel Tennison; Curtis Deatherage; Teresa Deatherage, on behalf of themselves and as next friends for their minor child Velvet; Frederick Sloane; Linda Sloane, on behalf of themselves and as next friends for their minor children Elizabeth Sloane and Sabrina Sloane; Sue Downey, on behalf of herself and as next friend for her minor children Joshua Downey and Shannon Downey, Plaintiffs-Appellants, v. Norma PAULUS; Superintendent of Public Instruction for the State of Oregon; Oregon State Board of Education, Susan Massey, Tom McClinton, Jeana Woolley, Judith Stiegler, Anita Decker, Felipe Veloz, in their official capacities as members of the State Board of Education; South Lane School District 45J3; Bob Sisk, in his official capacity as Superintendent and Budget Director of South Lane School District; Krista D. Parent, in her official capacity as Assistant Superintendent and Curriculum Director of South Lane School District; Sherry Higgins, Rick Settelmeyer, Leslie Rubinstein, Mary Koepfle, Carol Quackenbush, John Petrick, in their official capacities as members of the South Lane School Board; Beaverton School District No. 48; Yvonne Katz, in her official capacity as Superintendent of Beaverton School District; Judy Tacconga, in her official capacity as Executive Administrator for Restructuring Support Services for the Beaverton School District; Chuck Meyers, Sherre Calouri, John Wilkins, David Geiger, robert Shook, in their official capacities as members of the Beaverton School Board, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 9, 1998.


Attorney(s) appearing for the Case

Stephen M. Crampton, American Family Association Law Center, Tupelo, Mississippi, for plaintiffs-appellants.

David Schuman, Deputy Attorney General, Salem, Oregon; Joel DeVore, Luvaas, Cobb, Richards & Fraser, P.C., Eugene, Oregon; and James N. Westwood, Miller Nash, Wiener, Hager & Carlsen, LLP, Portland, Oregon, for defendants-appellees.

Before: SKOPIL, HAWKINS, and THOMAS, Circuit Judges.


SKOPIL, Senior Circuit Judge:

Plaintiffs, Oregon public school students and their parents, challenge the constitutionality of the Oregon Educational Act for the 21st Century, Or.Rev.Stat. §§ 329.005-329.975, alleging that the Act violates the First and Fourteenth Amendments. The district court granted summary judgment to the state defendants. We affirm that decision on the First Amendment claim; we vacate the disposition of the Fourteenth Amendment claim...

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