Richard B. Katsee (argued) and Alexander Gouzoules , Americans United for Separation of Church and State, Washington, D.C., for Amici Curiae Religious and Civil Rights Organizations.
Francisco M. Negrón Jr. , Chief Legal Officer, National School Boards Association, Alexandria, Virginia; Sloan R. Simmons and Courtney de Groof , Lozano Smith , Sacramento, California; for Amici Curiae National School Boards Association, Association of Alaska School Boards, Arizona School Boards Association, California School Arizona School Boards Association, California School Boards Association, Nevada Association of School Boards, and Washington State School Directors' Association.
Kevin G. Clarkson , Attorney General; Katherine Demarest , Senior Assistant Attorney General; Alaska Department of Law, Anchorage, Alaska; Ken Paxton , Attorney General; Jeffrey C. Mateer , First Assistant Attorney General; Ryan L. Bangert , Deputy First Assistant Attorney General; Kyle D. Hawkins , Solicitor General; Kyle D. Highful and Natalie D. Thompson , Assistant Solicitors General; Office of the Attorney General, Austin, Texas; for Amici Curiae States of Alaska, Texas, Alabama, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia.
Dissent by Judge Collins.
ORDER
A judge of this court sua sponte requested a vote on whether to rehear this case en banc. A vote was taken and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. See Fed. R. App. P. 35(f). Rehearing en banc is DENIED.
Judge Bress did not participate in the deliberations or vote in this case.
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