JOYNER v. FORSYTH COUNTY, N.C.

No. 10-1232.

653 F.3d 341 (2011)

Janet JOYNER; Constance Lynn Blackmon, Plaintiffs-Appellees, and Mauck Osborne, Plaintiff, v. FORSYTH COUNTY, NORTH CAROLINA, Defendant-Appellant. The Rutherford Institute; Justice and Freedom Fund; The Foundation for Moral Law; Independence Law Center; North Carolina Family Policy Council; Palmetto Family Council; The Family Foundation of Virginia; The Family Policy Council of West Virginia; The North Carolina Partnership for Religious Liberty; Retired Judges of America; The National Legal Foundation, Amici Supporting Appellant, Baptist Joint Committee for Religious Liberty; American Jewish Congress; Anti-Defamation League; Blue Mountain Lotus Society; Guru Gobind Singh Foundation; Hindu American Foundation; Sikh Council on Religion and Education, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 29, 2011.


Attorney(s) appearing for the Case

ARGUED: James Michael Johnson , Alliance Defense Fund, Shreveport, Louisiana, for Appellant. Katherine Lewis Parker , American Civil Liberties Union of North Carolina Legal Foundation, Raleigh, North Carolina, for Appellees. ON BRIEF: David A. Cortman , Alliance Defense Fund, Lawrenceville, Georgia; Bryce D. Neier , The Law Office of Bryce D. Neier, Fayetteville, North Carolina; David Gibbs , The Gibbs Law Firm, Seminole, Florida, for Appellant. Ayesha N. Khan , Americans United, Washington, D.C.; Daniel Mach , American Civil Liberties Union Foundation, Washington, D.C., for Appellees. John W. Whitehead , Douglas R. McKusick , The Rutherford Institute, Charlottesville, Virginia; James J. Knicely , Robert Luther III , Knicely & Associates, P.C., Williamsburg, Virginia, for The Rutherford Institute, Amicus Supporting Appellant. Deborah J. Dewart , Swansboro, North Carolina, for Justice and Freedom Fund, Amicus Supporting Appellant. Roy S. Moore , Benjamin D. DuPre , John A. Eidsmoe , Foundation for Moral Law, Montgomery, Alabama, for The Foundation for Moral Law, Amicus Supporting Appellant. Randall L. Wenger , Independence Law Center, Harrisburg, Pennsylvania; Scott W. Gaylord, Ph. D. , Elon University Law School, Greensboro, North Carolina, for Independence Law Center, Amicus Supporting Appellant. Stuart D. Sloan , Franklin, North Carolina; Matthew G. Gerrald , Columbia, South Carolina; Timothy D. Savidge , Prosperity, South Carolina, for North Carolina Family Policy Council, Palmetto Family Council, The Family Foundation of Virginia, The Family Policy Council of West Virginia, and The North Carolina Partnership for Religious Liberty, Amici Supporting Appellant. Robert L. Hodges , Matthew D. Fender , McGuirewoods LLP, Richmond, Virginia, for Retired Judges of America, Amicus Supporting Appellant. Steven W. Fitschen , Virginia Beach, Virginia, for The National Legal Foundation, Amicus Supporting Appellant. Steven K. Hoffman , Emilie S. Kraft , James & Hoffman PC, Washington, D.C.; K. Hollyn Hollman , James T. Gibson , Baptist Joint Committee for Religious Liberty, Washington, D.C., for Baptist Joint Committee for Religious Liberty, Amicus Supporting Appellees. Evan M. Tager , Archis A. Parasharami , Elisa F. Kantor , Mayer Brown LLP, Washington, D.C., for American Jewish Congress, Anti-Defamation League, Blue Mountain Lotus Society, Guru Gobind Singh Foundation, Hindu American Foundation, and Sikh Council on Religion and Education, Amici Supporting Appellees.

Affirmed by published opinion. Judge WILKINSON wrote the majority opinion, in which Judge KEENAN joined. Judge NIEMEYER wrote a dissenting opinion.


OPINION

WILKINSON, Circuit Judge:

On December 17, 2007, Janet Joyner and Constance Lynn Blackmon decided to attend a meeting of the Forsyth County Board of Commissioners. Like all public Board meetings, the gathering began with an invocation delivered by a local religious leader. And like almost every previous invocation, that prayer closed with the phrase, "For we do make this prayer in Your Son Jesus' name, Amen." The December 17 prayer also made a number...

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