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STRATECHUK v. SOUTH ORANGE-MAPLEWOOD SCHOOL DIST.

No. 08-3826.

587 F.3d 597 (2009)

Michael STRATECHUK, Individually and on behalf of his minor children, Appellant v. BOARD OF EDUCATION, SOUTH ORANGE-MAPLEWOOD SCHOOL DISTRICT; Brian F. O'Leary, In his official capacity as board president, Board of Education, South Orange-Maplewood School District; Peter P. Horoshak, In his official capacity as superintendent, South Orange-Maplewood School District.

United States Court of Appeals, Third Circuit.

Filed: November 24, 2009.

Attorney(s) appearing for the Case

Christopher A. Ferrara, American Catholic Lawyers Association, Inc., Fairfield, NJ, Robert J. Muise, (Argued), Ann Arbor, MI, for Appellant.

Michael F. O'Neill (Argued), Purcell, Ries, Shannon, Mulcahy & O'Neill, Bedminster, NJ, for Appellee.

Robert B. Hoffman, (Argued) Eckert, Seamans, Cherin & Mellott, Harrisburgh, PA, for Amici Anti-Defamation League, Jewish Congress, Jewish Council for Public Affairs, American Jewish Committee, National Council of Jewish Women.

Before: SLOVITER, FUENTES, and SMITH, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The issue before us is whether a School District, in order to maintain a policy of complete religious neutrality, may prohibit celebratory religious music at school-sponsored events. The District Court, in a careful analysis of the facts on record and the applicable law, upheld the School District's discretion to maintain and enforce its policy. Stratechuk v. Bd....

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