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DOE v. MADISON SCHOOL DIST. NO. 321

No. 97-35642.

177 F.3d 789 (1999)

Jane DOE, on her own behalf and on behalf of her two children; Doe 1; Doe 2, Plaintiffs-Appellants, v. MADISON SCHOOL DISTRICT NO. 321; Board of Trustees of District No. 321; Jim Terry, Ann Hancock, John Bagley, Norman Erickson, and Gary J. Summers, members of the Board; and Dr. T.C. Mattocks, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion Filed May 27, 1998.

Order Filed January 22, 1999.

Rehearing Granted and Opinion and Order Withdrawn March 19, 1999.

Argued and Submitted April 22, 1999.

Filed May 19, 1999.

Attorney(s) appearing for the Case

Stephen L. Pevar, American Civil Liberties Union, Denver, Colorado, for plaintiffs-appellants.

James B. Lynch, Lynch & Associates, PLLC, Boise, Idaho, for defendants-appellees.

Steven T. McFarland, Christian Legal Society, Annandale, Virginia; Marc D. Stern, American Jewish Congress, New York City; and Steven K. Green, Americans United for Separation of Church and State, for amici curiae.

Before: BROWNING, PREGERSON, REINHARDT, FERNANDEZ, RYMER, T.G. NELSON, THOMAS, SILVERMAN, GRABER, McKEOWN, and WARDLAW, Circuit Judges.

Rehearing En banc Granted and Opinion and Order Withdrawn March 19, 1999.

GRABER, Circuit Judge.

In this Establishment Clause challenge to a school district's policy of permitting student prayers at high school graduations, we hold that plaintiffs lack standing and that this case presents no live controversy. We therefore vacate the district court's decision and direct the district court to dismiss the complaint.

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