Legal Opinion

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

Decided December 28, 1992No. 89-2638PublishedCited by 85 opinions

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…

2Cases cited17 opinions

  1. Lemon v. KurtzmanSupreme Court of the United States · 1971
  2. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  3. Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
  4. Widmar v. VincentSupreme Court of the United States · 1981
  5. Lynch v. DonnellySupreme Court of the United States · 1984

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3Cited by85 opinions

  1. Santa Fe Independent School District v. DoeSupreme Court of the United States · 2000
  2. The American Civil Liberties Union Of New Jersey v. Black Horse Pike Regional Board Of EducationCourt of Appeals for the Third Circuit · 1996
  3. Doe v. Madison School District No. 321Court of Appeals for the Ninth Circuit · 1999
  4. John Doe, Individually and as Next Friend of Jane Doe, a Minor v. Duncanville Independent School DistrictCourt of Appeals for the Fifth Circuit · 1995
  5. John Doe v. Duncanville Independent School District v. Kelly Kendrick, John Doe v. Duncanville Independent School DistrictCourt of Appeals for the Fifth Circuit · 1993

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