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A.C.L.U. OF OHIO v. CAPITOL SQUARE REVIEW

No. 98-4106.

210 F.3d 703 (2000)

AMERICAN CIVIL LIBERTIES UNION OF OHIO; Matthew Peterson, Reverend, Plaintiffs-Appellants, v. CAPITOL SQUARE REVIEW AND ADVISORY BOARD; Robert Taft, Governor of Ohio; Ronald R. Keller; Daniel Shellenbarger; Richard H. Finan; J. Kenneth Blackwell, Secretary of State; Thomas M. Zaino, Tax Commissioner, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 25, 2000.

Attorney(s) appearing for the Case

Mark B. Cohn (argued and briefed), McCarthy, Lebit, Crystal & Haiman, Cleveland, OH, Louis A. Jacobs, Columbus, OH, Susan B. Gellman (briefed), Wolman, Genshaft & Gellman, Columbus, OH, Raymond Vasvari, ACLU of Ohio Foundation, Inc., Cleveland, OH, Scott T. Greenwood, Greenwood & Associates, Cincinnati, OH, Thomas D. Buckley, Jr. (briefed), ACLU of Ohio Foundation, Inc., Cleveland, OH, for Plaintiffs-Appellants.

David M. Gormley (argued), Edward B. Foley (briefed), Office of the Attorney General of Ohio, Columbus, OH, for Defendants-Appellees.

David R. Huggins (briefed), The National Legal Foundation, Virginia Beach, VA, John G. Stepanovich (briefed), Shawn A. Voyles (briefed), The American Center for Law & Justice Mid-Atlantic, Virginia Beach, VA, for Amici Curiae.

Before: MERRITT and NELSON, Circuit Judges; COHN, District Judge.

COHN, D.J., delivered the opinion of the court. MERRITT, J. (pp. 727-30), delivered a separate concurring opinion, in which COHN, D.J., joined. DAVID A. NELSON, J. (pp. 730-31), delivered a separate dissenting opinion.

OPINION

COHN, District Judge.

By separating government and religion the establishment clause enables [a religious heterogeneous] society to maintain some civility among believers and unbelievers as well as among diverse believers...

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