Doe ex rel. Doe v. Tangipahoa Parish School Board

EDITH BROWN CLEMENT, Circuit Judge,

concurring in the judgment in part and dissenting in the judgment in part:

I would hold that Marsh v. Chambers, 463 U.S. 783, 103 S.Ct. 3330, 77 L.Ed.2d 1019 (1983), rather than Lemon v. Kurtz-man, 403 U.S. 602, 91 S.Ct. 2105, 29 L.Ed.2d 745 (1971), applies to this deliberative body. I disagree with the conclusion that the four stipulated prayers violate Marsh. As to the question of how to apply Marsh, I read Marsh as prohibiting exploitation of prayer opportunities to advance one religion over another. Therefore, the injunction should be vacated in full…