John DOE, Individually and as next friend of his minor children James Doe and Jack Doe, Plaintiff-Appellee,
v.
TANGIPAHOA PARISH SCHOOL BOARD; Jimmie Richardson, Reverend, School Board Member, District A; Robert Potts, School Board Member, District B; Leonard Genco, School Board Member, District C; Al Link, School Board Member, District D; Don Williams, School Board Member, District E; Robert Caves, School Board Member, District F; Maxine Dixon, School Board Member, District G; Sandra Bailey-Simmons, School Board Member, District H; Carl Bardwell, School Board Member, District I; Louis Joseph, Superintendent, Tangipahoa Parish School System, Defendants-Appellants.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
December 15, 2006.
December 15, 2006.
Attorney(s) appearing for the Case
Ronald Lawrence Wilson (argued), New Orleans, LA, Joshua Simon Force, Sher, Garner, Cahill, Richter, Kelin & Hilbert, New Orleans, LA, Emma E. Daschbach, Siller Wilk, New York City, for Plaintiff-Appellee and Anti — Defamation League, Amicus Curiae.
Thomas J. Stein, Proskauer Rose, New York City, for Americans United for Separation of Church & State, Amicus Curiae.
Louis C. LaCour, Jr., Albert Kirk Gasperecz (argued), Adams & Reese, New Orleans, LA, Robert N. Markle, Adams, & Reese, Baton Rouge, LA, James Allen Keith, Adams & Reese, Jackson, MS, James Michael Johnson (argued), Ylliance Defense Funds, Shreveport, LA, Christopher M. Moody, Moody & Moody, Hammond, LA, Kevin, Hayden Theriot, Alliance Defense Fund, Olathe, KS, for Defendants-Appellants.
Edward Lawrence White, III, Thomas More Law Center, Ann Arbor, MI, for Thomas More Law Ctr., Amicus Curiae.
Benjamin David DuPré, Law Offices of Benjamin D. DuPré, Montgomery, AL, for Foundation For Moral Law, Amicus Curiae.
Roy A. Mongrue, Jr., Asst. Atty. Gen., Katherine Whitney, Uma Subramanian, Baton Rouge, LA, for State of Louisiana, Amicus Curiae.
Kenneth F. Sills, Hammonds & Sills, Baton Rouge, LA, for Louisiana Sch. Boards Ass'n, Amicus Curiae.
Before BARKSDALE, STEWART and CLEMENT, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
RHESA HAWKINS BARKSDALE, Circuit Judge:
This appeal presents an Establishment Clause issue of first impression in our circuit. The Tangipahoa Parish School Board, its Board members, and the Tangipahoa Parish School System's superintendent (collectively, the Board) challenge a permanent injunction against the Board's opening its meetings with prayer. Consistent with the long-standing rule of deciding a constitutional issue on its most narrow basis, the injunctive relief...
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