Merritt E. Jones, on His Behalf and as Next Friend of Pamela Jones, a Child v. Clear Creek Independent School District
Court of Appeals for the Fifth Circuit
1Opinion of the Court
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before REAVLEY, GARWOOD and BARKSDALE, Circuit Judges. REAVLEY, Circuit Judge:
In Jones v. Clear Creek Independent School Dist., 930 F.2d 416 (5th Cir.1991) (Jones I), vacated, 505 U.S.-, 112 S.Ct. 3020, 120 L.Ed.2d 892 (1992), we held that Clear Creek Independent School District’s Resolution 1 permitting public high school seniors to choose student volunteers to deliver nonsectarian, nonproselytizing invocations at their graduation ceremonies does not violate the Constitution’s Establishment Clause. In applying the tripartite test of Lemon…
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