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DOE v. BEAUMONT INDEPENDENT SCHOOL DIST.

No. 97-40429.

240 F.3d 462 (2001)

Jane Doe, June Doe, Janet Doe, and Jill Doe, By their next friends, Susan Doe, Mary Doe and Lisa Doe, Plaintiffs-Appellants, v. Beaumont Independent School District, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 26, 2001.

Attorney(s) appearing for the Case

Scott David Newar (argued), Houston, TX, for Plaintiffs-Appellants.

Melody Gayle Thomas (argued), Tanner Truett Hunt, Jr., J. Michael Smith, Wells, Peyton, Greenberg & Hunt, Beaumont, TX, for Defendant-Appellee.

Mark S. Finklestein, John D. Faucher, Lawrence Bradley Hancock, Shannon, Martin, Finkelstein & Sayre, Houston, TX, for Anti-Defamation League, Amicus Curiae.

Steven Keith Green, Americans United for Separation of Church & State, Washington, DC, for Americans United for Separation of Church & State, Amicus Curiae.

Mark D. Stern, American Jewish Congress, New York City, for American Jewish Congress, Amicus Curiae.

Lisa A. Brown, Christopher Blewer Gilbert, Bracewell & Patterson, Houston, TX, for Texas Ass'n of Sch. Bds., The Texas Ass'n of Sch. Administrator and Texas Council of Sch. Attys., Amicus Curiae.

Before KING, Chief Judge, and POLITZ, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Today we consider a challenge to the Beaumont Independent School District's "Clergy in the Schools" program, which enlists various clerical volunteers to counsel groups of students regarding secular topics. We granted en banc review after a panel of this court, reversing the district court, held that the student plaintiffs had standing and that the program violated the Establishment Clause of the First Amendment. We agree that...

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