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WYNNE v. TOWN OF GREAT FALLS, SOUTH CAROLINA

No. 03-2069.

376 F.3d 292 (2004)

Darla Kaye WYNNE, Plaintiff-Appellee, v. TOWN OF GREAT FALLS, SOUTH CAROLINA, an incorporated town of the State of South Carolina, County of Chester; Henry Clayton Starnes, Mayor; John Broom, Councilman; Henry Stevenson, Councilman; Barbara Hilton, Councilwoman; Raymond H. Baker, Councilman, Defendants-Appellants, and Joe V. Pendergrass, Councilman, Defendant. State of South Carolina, Amicus Supporting Appellant, The American Jewish Congress; Americans United For Separation Of Church And State, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 22, 2004.

Attorney(s) appearing for the Case

ARGUED: Andrew Frederick Lindemann, Davidson, Morrison & Lindemann, P.A., Columbia, South Carolina, for Appellants.

Herbert E. Buhl, III, Columbia, South Carolina, for Appellee.

ON BRIEF: Brian M. Gibbons, Hamilton, Delleney & Gibbons, P.A., Chester, South Carolina, for Appellants. Henry Dargan McMaster, Attorney General, John W. McIntosh, Chief Deputy Attorney General, Robert D. Cook, Assistant Deputy Attorney General, C. Havird Jones, Jr., Senior Assistant Attorney General, Columbia, South Carolina, for Amicus Curiae State of South Carolina. Ayesha N. Khan, Legal Director, Americans United for Separation of Church And State, Washington, D.C., for Amicus Curiae Americans United for Separation of Church and State. Marc D. Stern, American Jewish Congress, New York, New York, for Amicus Curiae The American Jewish Congress.

Before MOTZ and KING, Circuit Judges, and David R. HANSEN, Senior Circuit Judge of the United States Court of

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge KING and Senior Judge HANSEN joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Darla Kaye Wynne brought this suit to prohibit the Town Council of Great Falls, South Carolina from engaging in prayers that specifically invoke Jesus Christ during monthly council meetings. Following a bench trial, the district court entered judgment for Wynne, ruling that the "practice of members...

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