AMERICAN CIVIL LIBERTIES UNION OF OHIO and The Reverend Matthew Peterson, Plaintiffs-Appellants,
v.
CAPITOL SQUARE REVIEW AND ADVISORY BOARD; Robert Taft, Governor of Ohio; Ronald R. Keller, Executive Director of the Board; Daniel Shellenbarger, Assistant Director of the Board; Richard H. Finan, Ohio State Senator; J. Kenneth Blackwell, Secretary of State; and Thomas M. Zaino, Tax Commissioner, Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: December 6, 2000.
Decided and Filed: March 16, 2001.
Attorney(s) appearing for the Case
Mark B. Cohn (argued and briefed), McCarthy, Lebit, Crystal & Haiman, Cleveland, OH, Susan B. Gellman (briefed), Wolman, Genshaft & Gellman, Columbus, OH, Louis A. Jacobs, Upper Arlington, OH, Raymond Vasvari (briefed), ACLU of Ohio Foundation, Inc., Cleveland, OH, Scott T. Greenwood, Greenwood & Associates, Cincinnati, OH, Thomas D. Buckley, Jr. (briefed), Cleveland, OH, for Plaintiffs-Appellants.
David M. Gormley (argued and briefed), Edward B. Foley (briefed), Office of the Attorney General of Ohio, Columbus, OH, for Defendants-Appellees.
Elizabeth J. Coleman, Steven M. Freeman (briefed), Anti-Defamation League, New York, NY, David R. Huggins (briefed), National Legal Foundation, Virginia Beach, VA, John G. Stepanovich (briefed), Shawn A. Voyles (briefed), American Center for Law & Justice, Virginia Beach, VA, Steven K. Green (briefed), Americans United for Separation of Church and State, Washington, DC, Jeffrey S. Sutton (briefed), Jones, Day, Reavis & Pogue, Columbus, OH, David M. Levine (briefed), Benesch, Friedlander, Coplan & Aronoff, Cleveland, OH, for Amici Curiae.
DAVID A. NELSON, J., delivered the opinion of the court, in which BOGGS, ALAN E. NORRIS, SUHRHEINRICH, SILER, BATCHELDER, COLE, and GILMAN, JJ., joined. CLAY, J. (pp. 310-12), delivered a separate concurring opinion. BOYCE F. MARTIN, Jr., C.J. (p. 312), and MERRITT, J. (p. 312), delivered separate dissenting opinions, with BOYCE F. MARTIN, Jr., DAUGHTREY, and MOORE, JJ., joining in MERRITT'S, J., dissent.
OPINION
DAVID A. NELSON, Circuit Judge.
The...
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