CROFT v. PERRY

No. 09-10347.

624 F.3d 157 (2010)

David Wallace CROFT, As Parents and Next Friend of their minor Children; Shannon Kristine Croft, As Parents and Next Friend of their minor Children; John Doe, As Parents and Next Friend of their minor Children; Jane Doe, As Parents and Next Friend of their minor Children, Plaintiffs-Appellants, v. Rick PERRY, Governor of the State of Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 13, 2010.


Attorney(s) appearing for the Case

Woody Dean Cook (argued), Dallas, TX, for Plaintiffs-Appellants.

James C. Ho. , Sol. (argued), Adam Warren Aston , Reed Neal Smith , Austin, TX, for Perry.

Steven W. Fitschen , Nat. Legal Found., Dallas, TX, for Wallbuilders, Inc., Amicus Curiae.

Kelly J. Shackelford , Chief Counsel, Jeffrey Carl Mateer , Gen. Counsel (argued), Liberty Legal Institute, Plano, TX, for Am. Legion Dept. of Texas, Amicus Curiae.

Before JOLLY and GARZA, Circuit Judges, and STARRETT, District Judge.


E. GRADY JOLLY, Circuit Judge:

In this appeal, the plaintiffs, David and Shannon Croft and John and Jane Doe, parents of minor children who attend public schools in Texas, challenge the Texas pledge of allegiance, as amended to include the phrase "one state under God," and a provision of the Texas Education Code requiring students to recite the pledge daily. They seek injunctive and declaratory relief against Texas Governor Rick Perry, arguing that the pledge and...

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