Robert MOSS, individually and as general guardian of his minor child; Ellen Tillett, individually and as general guardian of her minor child; Freedom from Religion Foundation, Incorporated; Melissa Moss, Plaintiffs-Appellants,
v.
SPARTANBURG COUNTY SCHOOL DISTRICT SEVEN, a South Carolina body politic and corporate, Defendant-Appellee.
American Humanist Association; Secular Student Alliance, Amici Supporting Appellants,
The National Legal Foundation; State of South Carolina ex rel. Alan Wilson, Attorney General; The Christian Legal Society; National Committee for Furtherance of Jewish Education; National Association of Evangelicals; Advocates for Faith and Freedom; Commonwealth of Virginia; State of Alabama; State of Colorado; State of Florida; State of Louisiana; State of Michigan; State of Nebraska; State of Oklahoma, Amici Supporting Appellee.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: March 20, 2012.
Decided: June 28, 2012.
Attorney(s) appearing for the Case
ARGUED: George Daly , Charlotte, North Carolina, for Appellants. Lori Halstead Windham , Becket Fund for Religious Liberty, Washington, D.C., for Appellee. ON BRIEF: Eric C. Rassbach , Luke W. Goodrich , Eric N. Kniffin , Becket Fund for Religious Liberty, Washington, D.C., for Appellee. William J. Burgess , Appignani Humanist Legal Center, American Humanist Association, Washington, D.C., for American Humanist Association and Secular Student Alliance, Amici Supporting Appellants. Steven W. Fitschen , Douglas E. Myers , Virginia Beach, Virginia, for The National Legal Foundation, Amicus Supporting Appellee. Alan Wilson , Attorney General, James Emory Smith, Jr. , Assistant Deputy Attorney General, Columbia, South Carolina, for the State of South Carolina ex rel. Alan Wilson , Attorney General, Amicus Supporting Appellee. James K. Lehman , Jay T. Thompson , James B. Glenn , Nelson Mullins Riley & Scarborough, LLP, Columbia, South Carolina, for the Christian Legal Society, National Committee for Furtherance of Jewish Education, National Association of Evangelicals, and Advocates for Faith and Freedom, Amici Supporting Appellee. Kenneth T. Cuccinelli, II , Attorney General of Virginia, E. Duncan Getchell, Jr. , Solicitor General of Virginia, Charles E. James, Jr. , Chief Deputy Attorney General, Wesley G. Russell, Jr. , Deputy Attorney General, Office of the Attorney General, Richmond, Virginia, for Commonwealth of Virginia, State of Alabama, State of Colorado, State of Florida, State of Louisiana, State of Michigan, State of Nebraska, and State of Oklahoma, Amici Supporting Appellee.
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge GREGORY and Judge WYNN joined.
United States Court of Appeals, Fourth Circuit.
OPINION
NIEMEYER, Circuit Judge:
In 2007, South Carolina's Spartanburg County School District Seven adopted a policy allowing public school students to receive two academic credits for off-campus religious instruction offered by private educators. The parents of two students at Spartanburg High School commenced this action against the School District, alleging that the policy impermissibly endorses religion and entangles church and State, in violation of...
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