CHILD EVANGELISM FELLOWSHIP OF MARYLAND, INCORPORATED, a Maryland not-for-profit corporation; Child Evangelism Fellowship of Northwest Maryland, a Maryland association, Plaintiffs-Appellants,
v.
MONTGOMERY COUNTY PUBLIC SCHOOLS; Jerry D. Weast, in his official capacity as Superintendent of Montgomery County Public Schools; Patricia O'Neill; Sharon W. Cox; Kermit V. Burnett; Reginald M. Felton; Charles Haughey; Walter N. Lange; Gabe Romero, in their official capacities as members of the Board of Education for Montgomery County, Defendants-Appellees.
Clifton Kirkpatrick, as Stated Clerk of the Presbyterian Church; National Association Of Evangelicals; Al Black; Rhonda Black, as Parents and Next Friends of Eric Black; United States Of America; Joseph J. Hills; Amici Supporting Appellants,
National School Boards Association; Maryland Association of Boards of Education; National Parent Teacher Association; American Association of School Administrators; Montgomery Soccer, Incorporated; Americans United For Separation of Church And State; The Antidefamation League; People For The American Way; National Education Association; American Civil Liberties Union of The National Capital Area; American Civil Liberties Union Foundation of Maryland, Amici Supporting Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: September 24, 2003.
Decided: June 30, 2004.
Attorney(s) appearing for the Case
ARGUED: Nathan Aldrich Adams, IV, Religious Liberty Associates Christian Legal Society, Annandale, Virginia, for Appellants. Gregory George Garre, Civil Rights Division, United States Department of Justice, Washington, D.C., for Amicus Curiae United States. Judith S. Bresler, Reese & Carney, L.L.P., Columbia, Maryland, for Appellees. ON BRIEF: Kimberlee W. Colby, Gregory S. Baylor, Religious Liberty Associates Christian Legal Society, Annandale, Virginia; H. Robert Showers, Simms Showers, L.L.P., Leesburg, Virginia, for Appellants. Ralph F. Boyd, Jr., Assistant Attorney General, David K. Flynn, Eric W. Treene, Angela M. Miller, Civil Rights Division, United States Department of Justice, Washington, D.C., for Amicus Curiae United States. Eric C. Brousaides, Reese & Carney, L.L.P., Columbia, Maryland, for Appellees. Douglas Laycock, Austin, Texas; Scott J. Ward, Stephen S. Kao, GAMMON & GRANGE, P.C., McLean, Virginia, for Amici Curiae Kirkpatrick, et al. Jay Alan Sekulow, Walter M. Weber, American Center For Law And Justice, Alexandria, Virginia, for Amicus Curiae Hills. Julie Underwood, General, National School Boards Association, Alexandria, Virginia; Maribeth Oakes, Director of Legislation, National PTA, Chicago, Illinois; Leon Reed, President, Montgomery Soccer, Inc., Rockville, Maryland; Stephen C. Bounds, Director of Legal & Policy Services, Maryland Association Of Boards Of Education, Annapolis, Maryland; Bruce Hunter, Associate Executive Director, Public Policy, American Association Of School Administrators, Arlington, Virginia, for Amici Curiae School Boards, et al. Ayesha N. Khan, Ilana R. Fisher, Americans United For Separation Of Church And State, Washington, D.C.; Steven M. Freeman, Steven C. Sheinberg, Anti-Defamation League, New York, New York; Elliot M. Mincberg, Judith E. Schaeffer, People For The American Way Foundation, Washington, D.C.; Michael D. Simpson, National Education Association, Washington, D.C.; Arthur B. Spitzer, American Civil Liberties Union Of The National Capital Area, Washington, D.C.; David Rocah, American Civil Liberties Union Of Maryland, Baltimore, Maryland, for Amici Curiae Americans United, et al.
Before MICHAEL, MOTZ, and SHEDD, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge SHEDD joined. Judge MICHAEL wrote a separate dissenting opinion.
OPINION
DIANA GRIBBON MOTZ, Circuit Judge:
Child Evangelism Fellowship of Maryland, Inc. ("CEF") brought this suit to obtain access to certain established communication forums in public elementary schools. The district court refused to issue a preliminary injunction requiring a school district to...
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