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COLES EX REL. COLES v. CLEVELAND BD. OF EDUC.

Nos. 97-3082, 97-3104.

171 F.3d 369 (1999)

Sarah E. COLES, by her next friend, Elizabeth Lashley COLES, Plaintiff, Plaintiff-Appellant, Gene T. Tracy, Plaintiff-Appellant, v. CLEVELAND BOARD OF EDUCATION, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 18, 1999.

Attorney(s) appearing for the Case

Joshua R. Cohen (argued and briefed), Kohrman, Jackson & Krantz, Cleveland, Ohio, Joan M. Englund (briefed), ACLU of Ohio Foundation, Inc., Cleveland, Ohio, for Plaintiffs-Appellants.

John R. Climaco, Climaco, Climaco, Seminatore, Lefkowitz & Garofoli, Cleveland, Ohio, Richard M. Knoth (argued and briefed), Arter & Hadden, Cleveland, Ohio, for Defendants-Appellees.

Elizabeth M. Harvey (briefed), Lisa C. Wood (briefed), Kathryn K. Conde (briefed), Nutter, McClennen & Fish, Boston, Massachusetts, for Amicus Curiae.

Before: RYAN, COLE, and GILMAN, Circuit Judges.

GILMAN, J., delivered the opinion of the court, in which COLE, J., joined. RYAN, J. (pp. 386-89), delivered a separate dissenting opinion.

OPINION

GILMAN, Circuit Judge.

At issue in this appeal is whether the Cleveland Board of Education's practice of opening its meetings with a prayer is constitutionally permissible. This case puts the court squarely between the proverbial rock and a hard place. The rock is Lee v. Weisman,

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