David Wallace CROFT; Shannon Kristine Croft, as Parents and Next Friend of minor Children, Plaintiffs-Appellants,
v.
GOVERNOR OF the State of TEXAS, Rick Perry, Defendant-Appellee.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
March 16, 2009.
March 16, 2009.
Attorney(s) appearing for the Case
Woody Dean Cook (argued), Law Office of Dean Cook, Plano, TX, for David Croft and Shannon Croft.
James C. Ho (argued), Susanna Dokupil, Austin, TX, for Perry.
Ayesha Khan, Nancy B. Leong, Washington, DC, Lisa S. Graybill, Fleming Terrell, Austin, TX, for Americans United for Separation of Church and State, American Civil Liberties Union, American Civil Liberties Union Foundation of Tex.
Hiram Stanley Sasser (argued), Kelly J. Shackelford, Plano, TX, for Kevin Shelly, Michael Shelly, Morgan, Michaela Wade, Bailey Wade, Katherine Gualy, Sarah Gualy.
David Andrew Cortman, Lawrenceville, GA, Benjamin W. Bull, Jeremy D. Tedesco, Scottsdale, AZ, for Alliance Defense Fund.
Benjamin David DuPre, Law Offices of Benjamin D. DuPree, Montgomery, AL, for Foundation for Moral Law.
Steven W. Fitschen, Virgina Bewach, VA, for Wallbuilders, Inc.
Before KING, BENAVIDES and CLEMENT, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
EDITH BROWN CLEMENT, Circuit Judge:
David and Shannon Croft, as parents and next friends of their three minor children (collectively, the "Crofts"), bring suit against the governor of the state of Texas, Rick Perry ("Perry"), arguing that Texas Education Code § 25.082(d) is an unconstitutional establishment of religion. The district court granted summary judgment in favor of Perry, holding that § 25.082(d) had a...
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