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KING v. RICHMOND COUNTY, GA.

No. 02-14146.

331 F.3d 1271 (2003)

Reverend Daniel KING, E. Ronald Garnett, and Shirley Fencl, Plaintiffs-Appellants, v. RICHMOND COUNTY, GEORGIA and Elaine Johnson, in her individual capacity and in her official capacity as Clerk of the Superior Court of Richmond County, Georgia, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 30, 2003.

Attorney(s) appearing for the Case

Gerald R. Weber, American Civil Liberties Union Foundation, Atlanta, GA, John Paul Batson, Augusta, GA, Robert Lo-Pei Tsai, ACLU of GA, Eugene, OR, for Plaintiffs-Appellants.

James W. Ellison, Burnside, Wall, Daniel, Ellison & Revell, Augusta, GA, for Defendants-Appellees.

Alexander J. Luchenitser, Ayesha N. Khan, Americans United from Separation of Church & State, Washington, DC, for Amicus Curiae, Am. United for Separation of Church & State.

Before EDMONDSON, Chief Judge, and KRAVITCH and GIBSON, Circuit Judges.

KRAVITCH, Circuit Judge:

The question presented is whether the use of a court clerk's seal violates the Establishment Clause of the First Amendment when the seal contains an outline of the Ten Commandments, a sword, and the name of the court and is used solely to authenticate documents. We conclude that it does not.

I. BACKGROUND

Since 1852, a Georgia statute has required clerks of the state superior courts to have a "substantial seal of office"...

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