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RUBIN v. CITY OF LANCASTER

No. 11-56318.

710 F.3d 1087 (2013)

Shelley RUBIN; Maureen I. Feller, Plaintiffs-Appellants, v. CITY OF LANCASTER, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 26, 2013.

Attorney(s) appearing for the Case

Roger Jon Diamond , (argued), Santa Monica, CA, for Plaintiffs-Appellants.

Allison E. Burns (argued), David R. McEwen , and Joseph M. Adams , Stradling Yocca Carlson & Rauth, Newport Beach, CA, for Defendant-Appellee.

Dean R. Broyles , National Center for Law & Policy, Escondido, CA, for amicus curiae National Center for Law & Policy.

Steven W. Fitschen and Douglas E. Myers , National Legal Foundation, Virginia Beach, VA, for amicus curiae Wall-Builders, Inc.

Jen Monk , Advocates for Faith & Freedom, Murrieta, CA; and Scott W. Gaylord , Elon University Law School, Greensboro, NC, for amicus curiae Independence Law Center.

Deborah J. Dewart , Justice and Freedom Fund, Swansboro, NC; and James L. Hirsen , Anaheim Hills, CA, for amicus curiae Justice and Freedom Fund.

Gary S. McCaleb , and Brett Harvey , Alliance Defense Fund, Scottsdale, AZ; and Kevin Theriot , Alliance Defense Fund, Leawood, KS, for amicus curiae Alliance Defense Fund.

Before: ALFRED T. GOODWIN and DIARMUID F. O'SCANNLAIN, Circuit Judges, and JACK ZOUHARY, District Judge.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether a city council's practice of opening its meetings with privately led prayers effects an unconstitutional establishment of religion.

I

A

The City of Lancaster, California, typically begins each of its city-council meetings with a citizen-led invocation.1 For years, that practice had been merely an informal one.2...

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