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ADLAND v. RUSS

No. 00-6139.

307 F.3d 471 (2002)

Rabbi Jonathan ADLAND; Reverend Johanna Bos; Reverend James Jerrell Greenlee; Reverend Gilbert Schroerlucke; Jeff Vessels; and American Civil Liberties Union of Kentucky, Plaintiffs-Appellees, v. Armond RUSS, in his official capacity as Commissioner of the Department for Facilities Management, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed October 9, 2002.

Attorney(s) appearing for the Case

David A. Friedman (argued and briefed), American Civil Liberties Union of Kentucky, General Counsel, Louisville, KY, C. Laurie Griffith (briefed), Griffith Law Offices, Louisville, KY, for Plaintiffs-Appellees.

Scott White (briefed), Jennifer L. Carrico (argued and briefed), Office of the Attorney General, Frankfort, KY, for Defendant-Appellant.

Edward L. White, III, Thomas More Center for Law & Justice, Ann Arbor, MI, for Amicus Curiae.

Edna J. Turner, Theodore H. Amshoff, Jr., Amshoff & Amshoff, Louisville, KY, for Defendants.

Before: MARTIN, Chief Circuit Judge; BATCHELDER, Circuit Judge; SARGUS, District Judge.

OPINION

BOYCE F. MARTIN, JR., Chief Circuit Judge.

On April 21, 2000, Kentucky Governor Paul E. Patton signed into law Senate Joint Resolution No. 57, a resolution "relating to the display of historic documents that include a depiction of the Ten Commandments." The Resolution contains two primary substantive provisions — Section 2, which authorizes a public school teacher to post the Ten Commandments in a classroom when incorporated into a historical...

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