Docket No. 10-3635-cv.

681 F.3d 20 (2012)

Susan GALLOWAY and Linda Stephens, Plaintiffs-Appellants, v. TOWN OF GREECE, Defendant-Appellee, and John Auberger, in his official capacity as Town of Greece Supervisor, Defendant.

United States Court of Appeals, Second Circuit.

Decided: May 17, 2012.

Attorney(s) appearing for the Case

Ayesha N. Khan ( Robert Shapiro , on the brief), Americans United for Separation of Church and State, Washington D.C., for Plaintiffs-Appellants.

Joel Oster , Alliance Defense Fund ( Kevin Theriot , Alliance Defense Fund, and Laurence D. Behr , Barth Sullivan Behr , on the brief), Leawood, Kan., for Defendants-Appellees.

Roy S. Moore , Benjamin D. DuPré , and John A. Eidsmoe , Foundation for Moral Law, Montgomery, Ala., for Amici Curiae Foundation for Moral Law in support of Defendants-Appellees.

Jeffrey C. Mateer , Hiram S. Sasser, III , and Justin E. Butterfield , Liberty Institute, Plano, Tex., for Amicus Curiae Liberty Institute in support of Defendants-Appellees.

Steven W. Fitschen and Douglas E. Meyers , The National Legal Foundation, Virginia Beach, Va., for Amicus Curiae WallBuilders Inc. in support of Defendants-Appellees.

Before: CALABRESI, WESLEY, and LYNCH, Circuit Judges.

CALABRESI, Circuit Judge:

Since 1999, the Town of Greece, New York, has begun its Town Board meetings with a short prayer. In 2008, town residents Susan Galloway and Linda Stephens brought suit against the town and Town Supervisor John Auberger in the United States District Court for the Western District of New York, asserting that aspects of this prayer practice violated the Establishment Clause. The district court (Charles J. Siragusa, J.) granted the defendants...

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