FREEDOM FROM RELIGION FOUNDATION, INC. v. BUGHER

No. 99-2850.

249 F.3d 606 (2001)

FREEDOM FROM RELIGION FOUNDATION, INCORPORATED, Anne Gaylor, Annie Laurie Gaylor and Dan Barker, Plaintiffs-Appellees, v. Mark D. BUGHER, Secretary of the Wisconsin Department of Administration and member of the TEACH Wisconsin Board, John T. Benson, Superintendent of Public Instruction and member of the TEACH Wisconsin Board, Raymond Allen, Gus Wirth, Jr., L. Anne Reid, Jonathan Barry, James M. Bowen, Rodney G. Pasch, and Darylann Whitemarsh, members of the TEACH Wisconsin Board, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 27, 2001.


Attorney(s) appearing for the Case

James A. Friedman (argued), Lafollette, Godfrey & Kahn, Madison, WI, for Plaintiffs-Appellees.

Bruce A. Olsen (argued), Office of the Atty. Gen., Wisconsin Dept. of Justice, Madison, WI, for Defendants-Appellants.

Before HARLINGTON WOOD, JR., KANNE, and DIANE P. WOOD, Jr., Circuit Judges.


HARLINGTON WOOD, Jr., Circuit Judge.

On November 4, 1998, Freedom From Religion Foundation, Inc., a national organization whose purpose is to protect the fundamental constitutional principle of separation of church and state, and individual plaintiffs Anne Gaylor, Annie Laurie Gaylor, and Dan Barker (collectively, the "Plaintiffs") initiated this action. Pursuant to 42 U.S.C. § 1983, Plaintiffs challenged the constitutionality of a Wisconsin program which subsidizes...

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