FREEDOM FROM RELIGION v. CHINO VALLEY UNIFIED SCH.

No. 16-55425.

896 F.3d 1132 (2018)

FREEDOM FROM RELIGION FOUNDATION, INC., Plaintiff-Appellee, v. CHINO VALLEY UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION; James Na, Chino Valley Unified School District Board of Education Board Member in his official representative capacity; Sylvia Orozco, Chino Valley Unified School District Board of Education Board Member in her official representative capacity; Charles Dickie, Chino Valley Unified School District Board of Education Board Member in his official representative capacity; Andrew Cruz, Chino Valley Unified School District Board of Education Board Member in his official representative capacity; Irene Hernandez-Blair, Chino Valley Unified School District Board of Education Board Member in her official representative capacity, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 2018.


Attorney(s) appearing for the Case

Robert H. Tyler (argued), Jennifer L. Bursch , and James A. Long , Tyler & Bursch LLP, Murietta, California, for Defendants-Appellants.

David J. Kaloyanides (argued), David J.P. Kaloyanides APLC, Chino, California, for Plaintiff-Appellee.

Deborah J. Dewart , Swansboro, North Carolina; James L. Hirsen , Anaheim Hills, California; for Amicus Curiae Justice and Freedom Fund.

Helgi C. Walker , Sean J. Cooksey , Kian J. Hudson , and Nick Harper , Gibson Dunn & Crutcher LLP, Washington, D.C.; Kristen K. Waggoner and Brett Harvey , Alliance Defending Freedom, Scottsdale, Arizona; David A. Cortman , Alliance Defending Freedom, Washington, D.C.; for Amicus Curiae Alliance Defending Freedom.

Francis J. Manion and Geoffrey R. Surtees , American Center for Law and Justice, New Hope, Kentucky; Edward L. White III and Erik M. Zimmerman , American Center for Law and Justice, Ann Arbor, Michigan; for Amicus Curiae American Center for Law and Justice.

Steven W. Fitschen , The National Legal Foundation, Virginia Beach, Virginia, for Amicus Curiae Congressional Prayer Caucus Foundation.

James G. Abernathy , Olympia, Washington; Mark Goldfeder and Anton Sorkin , Restoring Religious Freedom Project, Atlanta, Georgia; for Amici Curiae Law and Religion Practitioners.

Richard B. Katskee , Eric Rothschild , and Kelly M. Percival , Americans United for Separation of Church and State, Washington, D.C.; Steven M. Freman , David L. Barkey , and Michelle N. Deutchman , Anti-Defamation League, New York, New York; Daniel Mach and Heather L. Weaver , American Civil Liberties Union Foundation, Washington, D.C.; Peter Eliasberg , ACLU of Southern California, Los Angeles, California; Brendan Hamme , ACLU of Southern California, Santa Ana, California; for Amici Curiae Americans United for Separation of Church and State; American Civil Liberties Union; ACLU of Southern California; Anti-Defamation League; Central Conference of American Rabbis; Hadassah, The Women's Zionist Organization of America, Inc.; Interfaith Alliance; Hindu American Foundation; Jewish Social Policy Action Network; Union for Reform Judaism; and Women of Reform Judaism.

Before: M. Margaret McKeown and Kim McLane Wardlaw, Circuit Judges, and Wiley Y. Daniel, District Judge


OPINION

The Establishment Clause serves intertwined purposes, pertaining to individual freedom and the democratic nature of our system of government. The Clause protects "the individual's freedom to believe, to worship, and to express himself in accordance with the dictates of his own conscience." Wallace v. Jaffree,

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