DOE v. INDIAN RIVER SCHOOL DIST.

No. 10-1819.

653 F.3d 256 (2011)

Jane DOE; John Doe, individually and as parents and next friend of, Jordan Doe and Jamie Doe v. INDIAN RIVER SCHOOL DISTRICT; Indian River School Board; Harvey L. Walls; Mark A. Isaacs; John M. Evans; Richard H. Cohee; Gregory A. Hastings; Nina Lou Bunting; Charles M. Bireley; Donald G. Hattier; Reginald L. Helms; M. Elaine McCabe, and their successors in office, in their official capacities as members of the Indian River School Board; Lois M. Hobbs, and her successors in office, in their official capacities as District Superintendent,; Earl J. Savage, and his successors in office, in their official capacities as Assistant District Superintendent, Jane Doe, John Doe and Jamie Doe, Appellants.

United States Court of Appeals, Third Circuit.

Filed: August 5, 2011.


Attorney(s) appearing for the Case

Thomas J. Allingham II, Esq. (Argued), Robert S. Saunders, Esq. , Timothy S. Kearns, Esq. , Skadden, Arps, Slate, Meagher & Flom, Wilmington, DE, Brian G. Lenhard, Esq. , Lightning Bolt Softward, Inc., Upper Darby, PA, Richard S. Horvath, Jr., Esq. , San Francisco, CA, for Appellants.

Jason P. Gosselin, Esq. (Argued), Katherine L. Villanueva, Esq. , Michael Metz-Topodas, Esq. , Drinker Biddle & Reath LLP, Philadelphia, PA, for Appellees.

Ayesha N. Khan, Esq. , Michael A. Blank, Esq. , Americans United for Separation of Church and State, Daniel Mach, Esq. , American Civil Liberties Union, Washington, DC, Eric J. Rothschild, Esq. , Kristen H. Jones, Esq. , Shelly A. Solomon, Esq. , Michael J. Hartman, Esq. , Pepper Hamilton LLP, Philadelphia, PA, Steven M. Freeman, Esq. , Steven C. Sheinberg, Esq. , Deborah Bensinger, Esq. , Anti-Defamation League, New York, NY, Amicus for Appellants.

Roy S. Moore, Esq. , Benjamin D. DuPre, Esq. , John A. Eidsmoe, Esq. , Foundation for Moral Law, Montgomery, AL, Steven W. Fitschen, Esq. , Wallbuilders, Inc., the National Legal Foundation, Virginia Beach, VA, Holly L. Carmichael, Esq. , Los Gatos, CA, Amicus for Appellees.

Before: FUENTES, CHAGARES, and ROTH, Circuit Judges.


OPINION OF THE COURT

FUENTES, Circuit Judge.

The Indian River School Board (the "Board") has a long-standing policy of praying at its regularly-scheduled meetings, which are routinely attended by students from the local school district. Appellants argue that the Board's policy is unconstitutional under the Establishment Clause of the First Amendment. The Board claims that a school board is like a legislative body and that its practice of opening board sessions...

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