Legal Opinion
Sarah E. Coles, by Her Next Friend, Elizabeth Lashley Coles, Gene T. Tracy v. Cleveland Board of Education
Court of Appeals for the Sixth Circuit
Decided March 18, 1999No. 97-3082, 97-3104PublishedCited by 52 opinions
1Opinion of the CourtGilman, J., joined by Cole, J.,
RYAN, J. (pp. 386-89), delivered a separate dissenting opinion.
OPINION
GILMAN, Circuit Judge.
At issue in this appeal is whether the Cleveland Board of Education’s practice of opening its meetings with a prayer is constitutionally permissible. This case puts the court squarely between the proverbial rock and a hard place. The rock is Lee v. Weisman, 505 U.S. 577, 112 S.Ct. 2649, 120 L.Ed.2d 467 (1992), holding that opening prayers at high school graduation ceremonies violate the Establishment Clause of the First Amendment. The hard place is Marsh v. Chambers, 463 U.S. 783, 103 S.Ct. 3330, 77…
2Cases cited27 opinions
- Lemon v. KurtzmanSupreme Court of the United States · 1971
- West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
- Agostini v. FeltonSupreme Court of the United States · 1997
- Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947
- Abington School Dist. v. SchemppSupreme Court of the United States · 1963
22 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Mellen v. BuntingCourt of Appeals for the Fourth Circuit · 2003
- Peter Bormuth v. County of JacksonCourt of Appeals for the Sixth Circuit · 2017
- Newdow v. BushDistrict Court, District of Columbia · 2005
- Simmons-Harris v. ZelmanCourt of Appeals for the Sixth Circuit · 2000
- Wynne v. Town of Great FallsCourt of Appeals for the Fourth Circuit · 2004
47 more not listed; retrieve them via the Exa API.