Legal Opinion

Reverend Thomas B. Allen v. Rogers C. B. Morton, Secretary of the Interior

Court of Appeals for the D.C. Circuit

Decided September 26, 1973No. 71-1909PublishedCited by 51 opinions

1Per curiam

The court is of the view that the judgment must be reversed because the plaintiffs are entitled to a decree enjoining the continuance of the Government’s current participation in the Christmas Pageant of Peace, including as it does a membership in planning and organization committees that violates the “entanglement” test of the Establishment clause of the First Amendment. On this point the opinions filed by Judges Tamm and Leventhal are in accord.

Following the reinstatement of the complaint plaintiffs will be entitled to a decree, but a question may arise as to its proper scope. No further…

2Cases cited15 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. Lemon v. KurtzmanSupreme Court of the United States · 1971
  3. Abington School Dist. v. SchemppSupreme Court of the United States · 1963
  4. Walz v. Tax Comm'n of City of New YorkSupreme Court of the United States · 1970
  5. Epperson v. ArkansasSupreme Court of the United States · 1968

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3Cited by51 opinions

  1. Syed Hassan v. City of New YorkCourt of Appeals for the Third Circuit · 2015
  2. Firestone v. Crown Center Redevelopment Corp.Supreme Court of Missouri · 1985
  3. Mandel v. HodgesCalifornia Court of Appeal · 1976
  4. Fox v. City of Los AngelesCalifornia Supreme Court · 1978
  5. McCreary v. StoneCourt of Appeals for the Second Circuit · 1984

46 more not listed; retrieve them via the Exa API.

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