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MOSS v. SPARTANBURG COUNTY SCHOOL DIST. NO. 7

C.A. No. 7:09-1586-HMH.

775 F.Supp.2d 858 (2011)

Robert MOSS, individually and as general guardian of his minor child; Ellen Tillett, individually and as a general guardian of her minor child; The Freedom From Religion Foundation, Inc.; Melissa Moss, Plaintiffs, v. SPARTANBURG COUNTY SCHOOL DISTRICT NO. 7, a South Carolina body politic and corporate, Defendant.

United States District Court, D. South Carolina, Spartanburg Division.

April 5, 2011.

Attorney(s) appearing for the Case

Aaron J. Kozloski , Capitol Counsel, Columbia, SC, George Daly , Charlotte, NC, for Plaintiffs.

Eric Nieuwenhuis Kniffin , Eric Christopher Rassbach , Lori Halstead Windham , Becket Fund for Religious Liberty, Washington, DC, Kenneth Eugene Darr, Jr. , Lyles Darr and Clark, Spartanburg, SC, James Emory Smith, Jr. , SC Attorney General's Office, Columbia, SC, for Defendants.

OPINION AND ORDER

HENRY M. HERLONG, JR., Senior District Judge.

In this declaratory judgment action, Plaintiffs challenge the constitutionality of a public school's policy of conferring academic credit to high school students for off-campus religious instruction. Plaintiffs contend that such a policy, as adopted and implemented by Spartanburg County School District No. 7 (the "School District"), is repugnant to the Establishment Clause of the First Amendment...

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