Grove v. Mead School District No. 354

I concur in Judge Wright’s clear and concise opinion. Because plaintiffs pose a novel problem, however, in the delicate area of church-state relations, I write separately to amplify my views on this matter of first impression.

I. Establishment Clause

“[0]ne of the mandates of the First Amendment is to promote a viable, pluralistic society and to keep government neutral, not only between sects, but between believers and nonbelievers.” Walz v. Tax Commission, 397 U.S. 664, 716, 90 S.Ct. 1409, 1436, 25 L.Ed.2d 697 (1970) (Douglas, J., dissenting).1 Plaintiffs do not dispute this goal. They claim,…