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CHILD EVANG. FELLOWSHIP, MD v. MONTGOMERY SCHOOLS

No. 05-1508.

457 F.3d 376 (2006)

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; Waltern. Lange; Gabe Romero, in their official capacities as members of the Board of Education for Montgomery County, Defendants-Appellees. National Legal Foundation, Amicus Supporting Appellants, National School Boards Association; Maryland Association of Boards of Education, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 10, 2006.

Attorney(s) appearing for the Case

ARGUED: Kimberlee Wood Colby, Center for Law & Religious Freedom, Springfield, Virginia, for Appellants. Jonathan S. Franklin, Hogan & Hartson, L.L.P., Washington, D.C., for Appellees. ON BRIEF: Steven H. Aden, Gregory S. Baylor, Timothy J. Tracey, Christian Legal Society, Springfield, Virginia; H. Robert Showers, Simms Showers, L.L.P., Leesburg, Virginia, for Appellants. Christopher T. Handman, Jake M. Shields, Hogan & Hartson, L.L.P., Washington, D.C.; Judith S. Bresler, Eric C. Brousaides, Reese & Carney, L.L.P., Columbia, Maryland, for Appellees. Steven W. Fitschen, Colleen M. Holmes, The National Legal Foundation, Virginia Beach, Virginia, for Amicus Supporting Appellants. Naomi E. Gittins, Senior Staff Attorney, Francisco M. Negrón, Jr., Thomas Hutton, Lisa Soronen, National School Boards Association, Alexandria, Virginia; Stephen C. Bounds, Director of Legal & Policy Services, Maryland Association Of Boards Of Education, Annapolis, Maryland, for Amici Supporting Appellees.

Before MICHAEL, MOTZ, and SHEDD, Circuit Judges.

Affirmed in part and reversed and remanded in part by published opinion. Judge MOTZ wrote the opinion, in which Judge MICHAEL and Judge SHEDD joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

Child Evangelism Fellowship of Maryland, Inc. ("CEF"), which describes itself as a nonprofit "Bible-centered, world-wide organization composed of born-again believers whose purpose is to evangelize boys and girls with the Gospel of the Lord Jesus Christ," appeals...

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