Marcus A. BORDEN
v.
SCHOOL DISTRICT OF The TOWNSHIP OF EAST BRUNSWICK; Board of Education of The Township of East Brunswick; Dr. Jo Ann Magistro, in her capacity as Superintendent, School District of the Township of East Brunswick, Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued October 3, 2007.
Filed: April 15, 2008.
Attorney(s) appearing for the Case
Alex J. Luchenitser, Ayesha N. Khan, Richard B. Katskee, (Argued), Americans United for the Separation of Church & State, Washington, DC, Martin R. Pachman, Scarinci & Hollenbeck, Freehold, NJ, Attorneys for Appellants.
F. Michael Daily, Jr., The Rutherford Institute, Westmont, NJ, Ronald J. Riccio, (Argued), McElroy, Deutsch, Mulvaney & Carpenter, Morristown, NJ, Attorneys for Appellee.
Marc D. Stern, American Jewish Congress, New York, NY, Attorney for Amicus-Appellants, American Jewish Congress and The Jewish Social Policy Action Network.
Pammela S. Quinn, O'Melveny & Myers, Washington, DC, Attorney for Amicus-Appellants, The Interfaith Alliance, The Anti-Defamation League, Hadassah, Jewish Women International, Muslim Advocates, Sikh American Legal Defense and Education Fund, Sikh Council on Religion and Education, and Union Reform Judaism.
Steven G. Gey, Florida State University, College of Law, Tallahassee, FL, Attorney for Amicus-Appellant, National Center for Science Education.
Emily B. Goldberg, Gibbons, P.C., Newark, NJ, Attorney for Amicus-Appellants, American Civil Liberties Union, American Civil Liberties Union of New Jersey, American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Delaware, American-Arab Anti-Discrimination Committee, American Ethical Union, American Jewish Committee, Hindu American Foundation, and The Unitarian Universalist Association.
Before: McKEE, BARRY and FISHER, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
FISHER, Circuit Judge.
Marcus Borden, the head football coach at East Brunswick High School, would like to engage in the silent acts of bowing his head during his team's pre-meal grace and taking a knee with his team during a locker-room prayer. He brought suit seeking a declaratory judgment that the East Brunswick School District's policy prohibiting...
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