FREETHOUGHT SOC., PHILADELPHIA v. CHESTER COUNTY

No. 02-1765.

334 F.3d 247 (2003)

FREETHOUGHT SOCIETY, OF GREATER PHILADELPHIA; Sally Flynn v. CHESTER COUNTY; Colin A. Hanna; Karen L. Martynick; Andrew E. Dinniman; each of whom is sued in their official capacities as Chester County Commissioners, Appellants

United States Court of Appeals, Third Circuit.

Filed: June 26, 2003.


Attorney(s) appearing for the Case

William M. McSwain (Argued), Alison D. Kehner, Michael L. Berry, Dechert, William M. Janssen (Argued), Susan M. Rabii, Amy S. Kline, Saul Ewing LLP, Philadelphia, PA, Thomas C. Abrahamsen, Office of the Chester County Solicitor, West Chester, PA, Counsel for Appellants.

Stefan Presser (Argued), American Civil Liberties Union of Pennsylvania, Seth Kreimer, Philadelphia, PA, Peter Goldberger, Ardmore, PA, Counsel for Appellees.

Alfred W. Putnam, Jr. (Argued), Kirke D. Weaver, D. Alicia Hickok, Drinker Biddle & Reath LLP, Philadelphia, PA, Counsel for Amicus Chester County Historic Preservation Network in Support of Appellants.

D. Michael Fisher, Calvin R. Koons, John G. Knorr, III, Office of Attorney General, Appellate Litigation Section, Harrisburg, PA, Counsel for Amicus Commonwealth of Pennsylvania in Support of Appellants.

Robert L. Knupp, Mark A. Mateya, Knupp, Kodak & Imblum, P.C., Harrisburg, PA, Counsel for Amicus County Commissioners Association of Pennsylvania in Support of Appellants.

Francis J. Manion, American Center for Law and Justice, New Hope, KY, Counsel for Amicus American Center for Law and Justice in Support of Appellants.

Burton Caine, Temple University School of Law, Philadelphia, PA, Counsel for Amici Americans for Religious Liberty, The American Humanist Association, The American Ethical Union, The Philadelphia Ethical Society, The Unitarian Universalist Association, and The Society for Humanistic Judaism in Support of Appellees.

Marc D. Stern, American Jewish Congress, New York, NY, Nancy Winkelman, Stewart M. Weintraub, O. Scott Barber, Schnader Harrison Segal & Lewis LLP, Philadelphia, PA, Counsel for Amicus American Jewish Congress in Support of Appellees.

Ayesha N. Khan, Alex J. Luchenitser, Americans United for Separation of Church and State, Washington, DC, Steven M. Freeman, Steven C. Sheinberg, Anti-Defamation League, New York, NY, Counsel for Amici Americans United For Separation of Church and State and Anti-Defamation League in Support of Appellees.

Before: BECKER, BARRY and BRIGHT, Circuit Judges.


OPINION OF THE COURT

BECKER, Circuit Judge.

The Chester County Courthouse in West Chester, Pennsylvania, erected in 1846, was designed by Thomas Ustick Walter, renowned architect of the United States Capitol. In 1920, following a public dedication ceremony with both religious and secular overtones, the Chester County Commissioners accepted a bronze plaque displaying a Protestant version of the Ten Commandments for placement on the Courthouse facade from...

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