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DEAL v. MERCER COUNTY BD. OF EDUC.

No. 17-2429.

911 F.3d 183 (2018)

Elizabeth DEAL; Jessica Roe, Plaintiffs-Appellants, and Freedom From Religion Foundation, Inc.; Jane Doe; Jamie Doe, Plaintiffs, v. MERCER COUNTY BOARD OF EDUCATION; Mercer County Schools; Deborah S. Akers, in Her Individual Capacity, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 17, 2018.

Attorney(s) appearing for the Case

ARGUED: Marcus Schneider , STEEL SCHNEIDER, Pittsburgh, Pennsylvania, for Appellants. David Richard Dorey , Washington, D.C.; Hannah Eliades Dunham , O'MELVENY & MYERS LLP, Washington, D.C., for Appellees. ON BRIEF: Kermit J. Moore , BREWSTER, MORHOUS & CAMERON, Bluefield, West Virginia; Gregory F. Jacob , O'MELVENY & MYERS LLP, Washington, D.C.; Hiram S. Sasser, III , FIRST LIBERTY INSTITUTE, Plano, Texas, for Appellees.

Reversed and remanded by published opinion. Judge Motz wrote the opinion, in which Judge Duncan and Judge Quattlebaum joined.

For the better part of a century, Mercer County, West Virginia has offered weekly in-school Bible lessons to public elementary and middle school students through its "Bible in the Schools" program. Believing that the program violated the Establishment Clause, appellants Elizabeth Deal and her daughter, Jessica...

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