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PELPHREY v. COBB COUNTY, GA.

No. 07-13611.

547 F.3d 1263 (2008)

Gary PELPHREY, a.k.a. Bats, Edward Buckner, Roberto Moraes, Jeffrey Selman, Roberta Goldberg, a.k.a. Bobbi, Marie Shockley, Plaintiffs-Appellants-Cross-Appellees, Wesley Crowe, Plaintiff, v. COBB COUNTY, GEORGIA, Sam Olens, in his official capacity as Chairman of the Cobb County Commission and in his individual capacity, Murray Homan, in his official capacity as Chairman of the Cobb County Planning Commission and in his individual capacity, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

October 28, 2008.

Attorney(s) appearing for the Case

Richard B. Katskee, Ayesha N. Khan, Americans United for Separation of Church & State, Daniel Mach, Lane Dilg, ACLU, Washington, DC, for Appellants.

David F. Walbert, Larry Hugh Chesin, Parks, Chesin & Walbert, P.C., William J. Atkins, Atkins & Attwood, LLC, Atlanta, GA, Mark A. Adelman, Cobb Cty. Atty's Office, Marietta, GA, for Appellees.

Benjamin David DuPré, Foundation for Moral Law, Montgomery, AL, for Amicus Curiae.

Before WILSON and PRYOR, Circuit Judges, and MIDDLEBROOKS, District Judge.

PRYOR, Circuit Judge:

The key issue in this appeal is whether the practice of two county commissions that allow volunteer leaders of different religions, on a rotating basis, to offer invocations with a variety of religious expressions violates the Establishment Clause. Both the Cobb County Commission and the Cobb County Planning Commission have a long tradition of opening their meetings with a prayer offered by volunteer clergy or other members of the community....

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