Establishment
Note: This document lists 241 “cases”; when accounting for instances
where the same case was listed more than once between three-judge panel,
en banc panel, and/or dissents from denial of rehearing, the total number of
cases is 238 (133 district court and 105 court of appeals decisions).
1-EC
Coles v. Cleveland Bd. of Educ., 950 F.Supp. 1337, 1996 WL 769346, 115
Ed. Law Rep. 926, , N.D.Ohio, December 17, 1996(No. 1:92-CV-2767.)
Reversed by, Coles ex rel. Coles v. Cleveland Bd. of Educ., 171 F.3d 369,
133 Ed. Law Rep. 392, 1999 Fed.App. 0101P (6th Cir.(Ohio) Mar 18, 1999)
(NO. 97-3082, 97-3104)
Judge Name and Court: Dowd, N.D. Ohio
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case - 6
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN - 0
Summary: Challenge to public prayer at board of education meetings
2-EC
Barense v. Town of Barrington, 955 F.Supp. 151, 1996 WL 797332, ,
D.N.H., November 19, 1996(Civil No. 96-158-JD.)
Judge Name and Court: DiClerico, D. N.H.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (Other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 0
ZELMAN - 0
Summary: Successful challenge to town practice of providing free
snowplowing only to churches
3-EC
Peck v. Upshur County Bd. of Educ., 941 F.Supp. 1478, 1996 WL 617446,
114 Ed. Law Rep. 95, , N.D.W.Va., October 24, 1996(Civil Action No.
2:95-CV-21.)
Judgment Affirmed in Part, Reversed in Part by, Peck v. Upshur County Bd.
of Educ., 155 F.3d 274, 129 Ed. Law Rep. 77 (4th Cir.(W.Va.) Aug 14,
1998) (NO. 96-2544)
Judge Name and Court: Keeley, N.D.W.Va.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 3 (Public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN - 0
Summary: Although court ordered disclaimer, the request for a permanent
injunction against distribution of Bibles in public school was denied
4-EC
Committee for Public Educ. and Religious Liberty v. Secretary, U.S. Dept.
of Educ., 942 F.Supp. 842, 1996 WL 598517, 114 Ed. Law Rep. 126, ,
E.D.N.Y., October 17, 1996(No. 88-CV-0096 (JG).)
Judge Name and Court: Gleeson, E.D.N.Y.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 1 (Aid to private element education)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN - 0
Summary: Suit challenging federal funding of remedial instruction and
support services to religious school students
5-EC
Gaylor v. Thompson, 939 F.Supp. 1363, 1996 WL 529190, , W.D.Wis.,
September 13, 1996(No. 96-C-47-C.)
Judge Name and Court: Crabb, W.D. Wis.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 8 (Religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST –0
ZELMAN -0
Summary: Separation of Church and State Group complained about permit
requiring their banner to be smaller in size, despite presence of Christmas
tree and menorah in state capitol (also raised free exercise claim, but didn’t
involve religious message or activity, but rather complaint about state’s
purported religious message)
6-EC
Stark v. Independent School Dist. No. 640, 938 F.Supp. 544, 1996 WL
506291, 113 Ed. Law Rep. 274, , D.Minn., August 22, 1996(No. 3-941597.)
Reversed by Stark v. Independent School Dist., No. 640, 123 F.3d 1068,
121 Ed. Law Rep. 41 (8th Cir.(Minn.) Aug 21, 1997) (NO. 96-3250)
Judge Name and Court: Davis, D. Minn.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 3 (Public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 0
ZELMAN - 0
Summary: Taxpayer challenge to school district creation of school run by
religious group
7-EC
Children's Healthcare is a Legal Duty, Inc. v. Vladeck, 938 F.Supp. 1466,
1996 WL 473961, 51 Soc.Sec.Rep.Serv. 944, Med & Med GD (CCH) P
44,648, , D.Minn., August 07, 1996(Civil No. 3-96-63.)
Judge Name and Court: Kyle, D. Minn.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (Other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST –0
ZELMAN - 0
Summary: Establishment Clause challenge to Medicare/Medicaid
exemptions for certifying Christian Science sanitoria for medical payments
8-EC
Tanford v. Brand, 932 F.Supp. 1139, 1996 WL 413439, 111 Ed. Law Rep.
1203, , S.D.Ind., July 15, 1996(No. IP 95-492 C B/S.)
Judgment Affirmed by Tanford v. Brand, 104 F.3d 982, 115 Ed. Law Rep.
339 (7th Cir.(Ind.) Jan 16, 1997) (NO. 96-3053), rehearing and suggestion
for rehearing en banc denied (Feb 25, 1997)
Judge Name and Court: Barker, S.D. Ind.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 5 (Public higher education)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN - 0
Summary: Suit challenging invocation at university commencement
9-EC
Rojas v. Fitch, 928 F.Supp. 155, 1996 WL 324411, Unempl.Ins.Rep. (CCH)
P 22,157, , D.R.I., June 07, 1996(Civ. A. No. 94-0483B.)
Decision Affirmed by Rojas v. Fitch, 127 F.3d 184, Unempl.Ins.Rep. (CCH)
P 22,198 (1st Cir.(R.I.) Oct 09, 1997) (NO. 96-2328, 97-1089)
Judge Name and Court: Boyle, D. R.I.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (Other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN - 0
Summary: Challenge to exemption of religious organizations from
unemployment tax
10-EC
Herdahl v. Pontotoc County School Dist., 933 F.Supp. 582, 1996 WL
382991, 112 Ed. Law Rep. 131, , N.D.Miss., June 03, 1996(No.
3:94CV188-B-A.)
Judge Name and Court: Biggers, N.D. Miss.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 3 (Public elementary school)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 0
ZELMAN – 0
Summary: Establishment Clause challenge to public school activities
including prayer, Bible study, etc.
11-EC
Freedom From Religion Foundation, Inc. v. Thompson, 920 F.Supp. 969,
1996 WL 148728, , W.D.Wis., February 23, 1996(No. 95-C-634-S.)
Judge Name and Court: Shabaz, W.D. Wis.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (Other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 0
ZELMAN – 0
Summary: Challenge to Good Friday as state holiday
12-EC
Doe v. County of Montgomery, Ill., 915 F.Supp. 32, 1996 WL 60472, 64
USLW 2538, , C.D.Ill., February 08, 1996(No. 94-3015.)
Judge Name and Court: Mills, Richard, C.D. Ill.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (Religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 0
ZELMAN – 0
Summary: Challenge to county courthouse sign
13-EC
City of Albuquerque v. Browner, 97 F.3d 415, 43 ERC 1276, 65 USLW
2244, 27 Envtl. L. Rep. 20,283, C.A.10 (N.M.), October 07, 1996 (NO. 932315)
Judge Name and Court: McKay, 10th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Henry, 10th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Jenkins, D. Utah
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (Other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN – 0
Summary: City challenged EPA approval of tribal water standards,
including challenging ceremonial use standard as violating establishment
clause
14-EC
Warner v. Orange County Dept. of Probation, 115 F.3d 1068, C.A.2 (N.Y.),
September 09, 1996 (NO. 95-7055, 1760)
Judge Name and Court: Leval, 2d Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Calabresi, 2d Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 9 (Other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 0
ZELMAN – 0
DISSENT:
Judge Name and Court: Winter, 2d Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (Other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN – 0
Summary: Prisoner challenged probation requirement that he participate in
Alcoholics Anonymous as establishment clause violation
15-EC
Kerr v. Farrey, 95 F.3d 472, 65 USLW 2171, C.A.7 (Wis.), August 27, 1996
(NO. 95-1843)
Judge Name and Court: Wood, 7th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Cummings, 7th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Flaum, 7th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 9 (Other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 0
ZELMAN – 0
Summary: Prisoner challenged requirement to attend religiously based
narcotics treatment program; free exercise claims not raised on appeal
16-EC
Alvarado v. City of San Jose, 94 F.3d 1223, 96 Cal. Daily Op. Serv. 6279,
96 Daily Journal D.A.R. 10,338, 96 Daily Journal D.A.R. 11,498, C.A.9
(Cal.), August 23, 1996 (NO. 95-15519)
Judge Name and Court: T.G. Nelson, 9th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Tashima, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Burns, D. Ore.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (Religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN – 0
Summary: Establishment Clause challenge to Aztec sculpture installed by
municipality
17-EC
Separation of Church and State Committee v. City of Eugene of Lane
County, State of Or., 93 F.3d 617, 96 Cal. Daily Op. Serv. 6187, 96 Daily
Journal D.A.R. 10,127, C.A.9 (Or.), August 20, 1996 (NO. 93-35094)
Judge Name and Court: Lay, 8th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Pregerson, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: O’Scannlain, 9th Cir.
COURT - 1
Author (WRITING) – 1 (Concurrence)
EC-OUTCM - 1
Case – 8 (Religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 0
ZELMAN – 0
Summary: Establishment clause challenge to cross in city park
18-EC
American Jewish Congress v. City of Beverly Hills, 90 F.3d 379, 65 USLW
2074, 96 Cal. Daily Op. Serv. 5345, 96 Daily Journal D.A.R. 8705, C.A.9
(Cal.), July 19, 1996 (NO. 93-55085)
Judge Name and Court: Fletcher, 9th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Hug, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Schroeder, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Canby, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Beezer, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Hall, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Wiggins, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Brunetti, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Fernandez, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: T.G. Nelson, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Tashima, 9th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 8 (Religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 0
ZELMAN – 0
Summary: Establishment challenge to erection of Menorah in city park
19-EC
American Civil Liberties Union of New Jersey v. Black Horse Pike
Regional Bd. of Educ., 84 F.3d 1471, 64 USLW 2760, 109 Ed. Law Rep.
1118, C.A.3 (N.J.), May 24, 1996 (NO. 94-5233)
Judge Name and Court: McKee, 3rd Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Sloviter, 3rd Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Becker, 3rd Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Stapleton, 3rd Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Greenberg, 3rd Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Scirica, 3rd Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Cowen, 3rd Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Lewis, 3rd Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Sarokin, 3rd Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 4 (Public secondary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 0
ZELMAN – 0
DISSENT:
Judge Name and Court: Mansmann, 3rd Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Nygaard, 3rd Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Alito, 3rd Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Roth, 3rd Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 4 (Public secondary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN – 0
Summary: Establishment challenge to school prayer at graduation
20-EC
Gaylor v. U.S., 74 F.3d 214, C.A.10 (Colo.), January 23, 1996 (NO. 951033)
Judge Name and Court: Tacha, 10th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Logan, 10th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Reavley, 5th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (Religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN – 0
Summary: Challenge to motto on currency
21-EC
Ingebretsen on Behalf of Ingebretsen v. Jackson Public School Dist., 88
F.3d 274, 64 USLW 2443, 35 Fed.R.Serv.3d 676, 110 Ed. Law Rep. 942,
C.A.5 (Miss.), January 10, 1996 (NO. 94-60631)
Judge Name and Court: Davis, W. Eugene, 5th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Parker, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Bunton, W.D. Tex.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 3 (Public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 0
ZELMAN – 0
-----------------DISSENT FROM DENIAL OF REHEARING EN BANC
Judge Name and Court: Jones, Edith, 5th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Jolly, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Smith, Jerry, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Barksdale, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Garza, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: DeMoss, 5th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 3 (Public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN – 0
Summary: Challenge to prayer at public school events
22-EC
A. Chandler v. James, 985 F.Supp. 1068, 123 Ed. Law Rep. 726, M.D.Ala.,
November 12, 1997 (NO. CV 96-D-169-N)
B. Chandler v. James, 985 F.Supp. 1094, 123 Ed. Law Rep. 752, M.D.Ala.,
November 12, 1997 (NO. CV 96-D-169-N)
C. Chandler v. James, 958 F.Supp. 1550, 117 Ed. Law Rep. 1009,
M.D.Ala., March 12, 1997 (NO. CIV. A. 96-D-169-N)
[Note: For date, use March 12, 1997, as when summary judgment was
granted]
Affirmed by Chandler v. James, 180 F.3d 1254, 136 Ed. Law Rep. 201, 12
Fla. L. Weekly Fed. C 1049 (11th Cir.(Ala.) Jul 13, 1999) (NO. 97-6898,
97-6953)
AND Certiorari Granted, Judgment Vacated by Chandler v. Siegelman, 530
U.S. 1256, 120 S.Ct. 2714, 147 L.Ed.2d 979, 68 USLW 3391, 68 USLW
3785, 68 USLW 3789, 146 Ed. Law Rep. 622, 2000 Daily Journal D.A.R.
6788 (U.S. Jun 26, 2000) (NO. 99-935)
On Remand to Chandler v. Siegelman, 230 F.3d 1313, 148 Ed. Law Rep.
138, 14 Fla. L. Weekly Fed. C 63 (11th Cir.(Ala.) Oct 19, 2000) (NO. 976898, 97-6953)
Judge Name and Court: DeMent, M.D. Ala.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 3 (Public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Establishment clause challenge to school taking certain specified
actions regarding religion; two published opinions, one for summary
judgment and the other for a permanent injunction, so coded only once
23-EC
Freiler v. Tangipahoa Parish Bd. of Educ., 975 F.Supp. 819, 121 Ed. Law
Rep. 614, E.D.La., August 08, 1997 (NO. CIV. A. 94-3577)
Affirmed by Freiler v. Tangipahoa Parish Bd. of Educ., 185 F.3d 337, 137
Ed. Law Rep. 195 (5th Cir.(La.) Aug 13, 1999) (NO. 97-30879, 98-30132)
Judge Name and Court: Livaudais, E.D. La.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 3 (public elementary school)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to school district disclaimer policy on evolution
24-EC
Koenick v. Felton, 973 F.Supp. 522, 121 Ed. Law Rep. 80, D.Md., July 02,
1997 (NO. CIV. A. AW-96-3111)
Judgment Affirmed by Koenick v. Felton, 190 F.3d 259, 139 Lab.Cas. P
58,693, 138 Ed. Law Rep. 100 (4th Cir.(Md.) Aug 20, 1999) (NO. 97-1935)
Judge Name and Court: Williams, D. Md.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 3 (public elementary school)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to Easter holiday from public schools
25-EC
Karlin v. Foust, 975 F.Supp. 1177, 48 Fed. R. Evid. Serv. 82, W.D.Wis.,
June 19, 1997 (NO. 96-C-0374-C)
Judgment Affirmed in Part, Reversed in Part by Karlin v. Foust, 188 F.3d
446 (7th Cir.(Wis.) Aug 09, 1999) (NO. 98-2043, 98-2262)
Judge Name and Court: Crabb, W.D. Wis.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (Other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN – 0
Summary: Challenge to abortion law, including establishment challenge
26-EC
Kerr v. Puckett, 967 F.Supp. 354, E.D.Wis., May 21, 1997 (NO. 95-C-1155)
Affirmed by Kerr v. Puckett, 138 F.3d 321 (7th Cir.(Wis.) Mar 10,
1998) (NO. 97-2566)
Judge Name and Court: Curran, E.D. Wis.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (Other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN – 0
Summary: Prisoner brought civil rights suit on establishment grounds for
participation in drug abuse program
27-EC
Jane Doe v. Madison School Dist. No. 321, 7 F.Supp.2d 1110, 128 Ed. Law
Rep. 155, D.Idaho, April 30, 1997 (NO. CV 90-518-E-EJL)
Affirmed by Doe v. Madison School Dist. No. 321, 147 F.3d 832, 127 Ed.
Law Rep. 607, 98 Cal. Daily Op. Serv. 4015, 98 Daily Journal D.A.R. 5555,
1999 Daily Journal D.A.R. 4775 (9th Cir.(Idaho) May 27, 1998) (NO. 9735642)
AND On Rehearing Doe v. Madison School Dist. No. 321, 177 F.3d 789,
135 Ed. Law Rep. 387, 99 Cal. Daily Op. Serv. 3661 (9th Cir.(Idaho) May
19, 1999) (NO. 97-35642)
Judge Name and Court: Lodge, D. Idaho
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 4 (Public secondary school)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN – 0
Summary: Plaintiffs sued over high school graduation speech policy that
allowed prayer
28-EC
Granzeier v. Middleton, 955 F.Supp. 741, 65 USLW 2589, E.D.Ky.,
February 27, 1997 (NO. CIV. A. 96-71)
Affirmed by Granzeier v. Middleton, 173 F.3d 568, 1999 Fed.App.
0143P (6th Cir.(Ky.) Apr 19, 1999) (NO. 97-5409, 97-6326)
Judge Name and Court: Bertelsman, E.D. Ky.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (Religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 0
ZELMAN – 0
Summary: Prevailed on establishment challenge to sign with Christian
cross on courthouse
29-EC
Torricellas v. Poole, 954 F.Supp. 1405, C.D.Cal., February 04, 1997 (NO.
CV 95-0230-RSWL(RC))
Judgment Affirmed by Torricellas v. Poole, 141 F.3d 1179 (9th Cir.(Cal.)
Mar 18, 1998) (Table, text in WESTLAW, NO. 97-55369)
Judge Name and Court: Lew, C.D. Cal.
COURT - 0
Author (WRITING) – 0 (adopting magistrate report)
EC-OUTCM - 0
Case – 6 (Religious meeting in public facilities)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN – 0
Summary: Prisoner sued regarding Christmas party in prison visiting room
30-EC
Bauchman for Bauchman v. West High School, 132 F.3d 542, 122 Ed. Law
Rep. 1133, 97 CJ C.A.R. 3445, C.A.10 (Utah), December 18, 1997 (NO. 964101, 95-4084)
Judge Name and Court: Brorby, 10th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Barrett, 10th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 4 (Public secondary education)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
---------------DISSENT:
Judge Name and Court: Murphy, 10th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 4 (Public secondary education)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Summary: This decision is coded solely in Establishment
database because (1) her primary challenge (the “gravamen” of her
complaint in the words of the court of appeals) is that choice of Christian
songs by public school choir and performance at religious sites violated
establishment clause, and (2) because her free exercise claim did not seek
individual accommodation of her beliefs as much as preclusion of the
choice of songs for all and indeed she was excused from performances
31-EC
Chaudhuri v. State of Tenn., 130 F.3d 232, 122 Ed. Law Rep. 573, 1997
Fed.App. 0337P, C.A.6 (Tenn.), November 18, 1997 (NO. 96-5538)
Judge Name and Court: Nelson, David, 6th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Ryan, David, 6th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 5 (Public higher education)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
---------------DISSENT:
Judge Name and Court: Jones, Nathaniel, 6th Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 1
Case – 5 (Public higher education)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Coded solely as Establishment challenge, although free exercise
claim raised, as professor sought to prevent prayers and not merely obtain
individual exemption (and was not forced to participate)
32-EC
Rojas v. Fitch, 127 F.3d 184, Unempl.Ins.Rep. (CCH) P 22,198, C.A.1
(R.I.), October 09, 1997 (NO. 96-2328, 97-1089)
Judge Name and Court: Torruella, 1st Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Campbell, 1st Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Boudin, 1st Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (Other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Employee of religious organization challenged exemption for
unemployment tax
33-EC
Stark v. Independent School Dist., No. 640, 123 F.3d 1068, 121 Ed. Law
Rep. 41, C.A.8 (Minn.), August 21, 1997 (NO. 96-3250)
Judge Name and Court: Wollman, 8th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Beam, 8th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 3 (Public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
-----------------------DISSENT:
Judge Name and Court: Murphy, 8th Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 1
Case – 3 (Public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to creation of school conforming to preferences of
religious group
34-EC
Elewski v. City of Syracuse, 123 F.3d 51, C.A.2 (N.Y.), July 31, 1997 (NO.
2061, 96-7227)
Judge Name and Court: Winter, 2d Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Meskill, 2d Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (Religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
-----------------DISSENT:
Judge Name and Court: Cabranes, 2d Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (Religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to city’s display of creche
35-EC
Bown v. Gwinnett County School Dist., 112 F.3d 1464, 65 USLW 2740,
118 Ed. Law Rep. 28, 97 FCDR 2801, 10 Fla. L. Weekly Fed. C 902,
C.A.11 (Ga.), May 06, 1997 (NO. 95-9595)
Judge Name and Court: Anderson, 11th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Carnes, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Cudahy, 7th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 4 (public secondary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN – 0
Summary: Challenge to quiet reflection in school statute
36-EC
Tanford v. Brand, 104 F.3d 982, 115 Ed. Law Rep. 339, C.A.7 (Ind.),
January 16, 1997 (NO. 96-3053)
Judge Name and Court: Cummings, 7th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Wood, 7th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Easterbrook, 7th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 5 (public higher education)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN – 0
Summary: Challenge to invocation at university commencement
37-EC
American Civil Liberties Union of New Jersey v. Schundler, 104 F.3d 1435,
65 USLW 2482, C.A.3 (N.J.), January 13, 1997 (NO. 95-5866, 96-5023, 955865)
Judge Name and Court: Lewis, 3rd Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Nygaard, 3rd Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: McKee, 3rd Cir.
COURT - 1
Author (WRITING) – 1 (concurring)
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 0
ZELMAN – 0
Summary: Challenge to city holiday display
38-EC (Out of Chronological Order)
Doe v. Phillips, 81 F.3d 1204, 64 USLW 2678, C.A.2 (N.Y.), April 22, 1996
(NO. 95-7659, 870)
Judge Name and Court: Kearse, 2d Cir.
COURT - 1
Author (WRITING) – 1
Judge Name and Court: Heaney, 8th Cir.
COURT - 1
Author (WRITING) – 0
EC-OUTCM - 1
Case – 9 (Other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 0
ZELMAN – 0
---------------
DISSENT:
Judge Name and Court: Jacobs, 2d Cir.
COURT - 1
Author (WRITING) – 1
EC-OUTCM - 0
Case – 9 (Other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 0
ZELMAN – 0
Summary: Prosecutor required person to swear on a Bible in a Church to
obtain dismissal of criminal charge; although presented in civil case as
affirmative claim for damages, the gravamen is Establishment Clause alone
39-EC
American Civil Liberties Union of Ohio, Inc. v. City of Stow, 29 F.Supp.2d
845, N.D.Ohio, December 16, 1998 (NO. 5:97 CV 3272, 5:97 CV 3271)
Judge Name and Court: Polster, N.D. Ohio
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to cross on city seal
40-EC
Amancio v. Town of Somerset, 28 F.Supp.2d 677, D.Mass., November 23,
1998 (NO. CIV. A. 98CV12810RGS)
Judge Name and Court: Stearns, D. Mass.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to town hall holiday display
41-EC
American Civil Liberties Union v. City of Florissant, 17 F.Supp.2d 1068,
E.D.Mo., September 25, 1998 (NO. 4:97CV2528 CDP)
Reversed by American Civil Liberties Union v. City of Florissant, 186 F.3d
1095 (8th Cir.(Mo.) Aug 16, 1999) (NO. 98-3782), rehearing and rehearing
en banc denied (Sep 30, 1999)
Judge Name and Court: Perry, E.D. Mo.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to city’s holiday display
42-EC
Porta v. Klagholz, 19 F.Supp.2d 290, 130 Ed. Law Rep. 539, D.N.J.,
September 04, 1998 (NO. CIV.A. 98-2350 JBS)
Judge Name and Court: Simandle, D. N.J.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 3 (public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to statute on charter schools
43-EC
American Civil Liberties Union of Ohio v. Capital Square Review and
Advisory Bd., 20 F.Supp.2d 1176, S.D.Ohio, September 01, 1998 (NO. C297-863)
Judgment Affirmed by American Civil Liberties Union of Ohio v. Capitol
Square Review and Advisory Bd., 243 F.3d 289, 2001 Fed.App. 0073P (6th
Cir.(Ohio) Mar 16, 2001) (NO. 98-4106) (en banc)
Judge Name and Court: Graham, S.D. Ohio
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to engraving of motto on entrance to state house
44-EC
Kelly v. Forest Hills Local School Dist. Bd. of Educ., 19 F.Supp.2d 797,
130 Ed. Law Rep. 591, S.D.Ohio, August 14, 1998 (NO. C-1-97-360)
Judge Name and Court: Dlott, S.D. Ohio
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 1 (private education)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Former employee in text-book lending program challenged
dismissal and raised establishment claims
45-EC
Kagin v. Kopowski, 10 F.Supp.2d 756, E.D.Ky., August 04, 1998 (NO.
CIV. A. 96-195)
Judge Name and Court: Bertelsman, E.D. Ky.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (Other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to order requiring divorcing parents to take
counseling run by Catholic Church
46-EC
Bacus v. Palo Verde Unified School Dist. Bd. of Educ., 11 F.Supp.2d 1192,
129 Ed. Law Rep. 149, 98 Daily Journal D.A.R. 10,717, C.D.Cal., July 29,
1998 (NO. EDCV98-0001RT(VAPX))
Judge Name and Court: Timlin, C.D. Cal.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 6 (religious meeting or prayer)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to school board meeting opening with prayer
47-EC
Ross v. Keelings, 2 F.Supp.2d 810, E.D.Va., April 27, 1998 (NO.
2:96CV1148)
Judge Name and Court: Clark, E.D. Va.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (Other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Prisoner challenged drug program as having religious
component; court found establishment violation but upheld qualified
immunity
48-EC
Bear Lodge Multiple Use Ass'n v. Babbitt, 2 F.Supp.2d 1448, D.Wyo., April
02, 1998 (NO. 96-CV-063-D)
Affirmed by Bear Lodge Multiple Use Ass'n v. Babbitt, 175 F.3d 814, 29
Envtl. L. Rep. 21,083, 1999 CJ C.A.R. 2451 (10th Cir.(Wyo.) Apr 26,
1999) (NO. 98-8021)
Judge Name and Court: Downes, D. Wyo.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (Other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to ban on climbing Devil’s Tower
49-EC
Warburton v. Underwood, 2 F.Supp.2d 306, W.D.N.Y., March 20, 1998
(NO. 97-CV-0988F)
Judge Name and Court: Siragusa, W.D.N.Y.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (Other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Prisoner objected to participation in drug abuse program with
religious elements
50-EC
N.W. Enterprises, Inc. v. City of Houston, 27 F.Supp.2d 754, S.D.Tex.,
February 18, 1998 (NO. CIV.A. H-97-0196)
Affirmed in Part, Reversed in Part, Dismissed in Part by N.W. Enterprises
Inc. v. City of Houston, 352 F.3d 162 (5th Cir.(Tex.) Nov 25, 2003) (NO.
98-20255, 98-20885)
Judge Name and Court: Atlas, S.D. Tex.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 7 (zoning)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Adult businesses challenged ordinance on sexually-oriented
business, including establishment challenge to restriction on placement near
churches
51-EC
Gibson v. Lee County School Bd., 1 F.Supp.2d 1426, 127 Ed. Law Rep. 85,
11 Fla. L. Weekly D503, M.D.Fla., January 20, 1998 (NO. 97-529-CIVFTM-17D)
Judge Name and Court: Kovachevich, M.D. Fla.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 4 (public secondary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to proposed high school course on the Bible as
literature
52-EC
Snyder v. Murray City Corp., 159 F.3d 1227, 1999 CJ C.A.R. 59, C.A.10
(Utah), October 27, 1998 (NO. 96-4087) (en banc)
Judge Name and Court: Ebel, 10th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Holloway, 10th Cir. (panel)
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Porfilio, 10th Cir.
COURT - 1
Author (WRITING) – 0
Judge Name and Court: Anderson, 10th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Tacha, 10th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Baldock, 10th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Brorby, 10th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Kelly, 10th Cir. (panel)
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Henry, 10th Cir.
COURT - 1
Author (WRITING) – 0
Judge Name and Court: Murphy, 10th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 6 (prayer in public facility)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
---------------------CONCURRENCE and DISSENT:
Judge Name and Court: Lucero, 10th Cir.
COURT - 1
Author (WRITING) – 1 (concurrence)
Judge Name and Court: Briscoe, 10th Cir. (panel)
COURT - 1
Author (WRITING) – 1 (dissent)
Judge Name and Court: Seymour, 10th Cir.
COURT - 1
Author (WRITING) – 0
EC-OUTCM - 1
Case – 6 (prayer in public facility)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Involving prayer at city council meeting and exclusion of certain
prayers
Summary: Involving prayer at city council meeting and exclusion of certain
prayers
53-EC
Helms v. Picard, 151 F.3d 347, 128 Ed. Law Rep. 593, C.A.5 (La.), August
17, 1998 (NO. 97-30231)
Judge Name and Court: Duhe, 5th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Benavides, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Stewart, 5th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 1 (aid to private)
PRO-RELG - 0
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to federal aid program as applied to parochial schools
54-EC
Peck v. Upshur County Bd. of Educ., 155 F.3d 274, 129 Ed. Law Rep. 77,
C.A.4 (W.Va.), August 14, 1998 (NO. 96-2544)
Judge Name and Court: Luttig, 4th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Michael, 4th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 4 (public secondary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
--------------------DISSENT:
Judge Name and Court: Motz, Diana, 4th Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 1
Case – 4 (public secondary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to policy permitting nonstudents to disseminate
religious materials in public school during school hours; difficult to code on
outcome, as majority plainly intends to reject establishment challenge,
although saying policy would be unconstitutional in elementary school
which was not central issue on appeal, while dissent rejects overall, so
majority coded as rejecting establishment and case coded as only public
secondary case
55-EC
Books v. City of Elkhart, Indiana, 9 F.Supp.2d 979, N.D.Ind., December 22,
1999 (NO. 3:98CV0230 AS)
Reversed by Books v. City of Elkhart, Indiana, 235 F.3d 292 (7th
Cir.(Ind.) Dec 13, 2000) (NO. 00-1114)
Judge Name and Court: Sharp, Allen, N.D. Ind.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to display of Ten Commandments monument on city
property
56-EC
Simmons-Harris v. Zelman, 72 F.Supp.2d 834, 140 Ed. Law Rep. 243,
N.D.Ohio, December 20, 1999 (NO. 1:99 CV 1740) (56-EC-B)
Simmons-Harris v. Zelman, 54 F.Supp.2d 725, 137 Ed. Law Rep. 275,
N.D.Ohio, August 25, 1999 (NO. 1:99 CV 1818, 1:99 CV 1740) (56-EC-A)
(use this date, as preliminary injunction granted here on review of
likelihood of success on merits)
Affirmed by Simmons-Harris v. Zelman, 234 F.3d 945, 149 Ed. Law Rep.
691, 2000 Fed.App. 0411P (6th Cir.(Ohio) Dec 11, 2000) (NO. 00-3055,
00-3060, 00-3063), rehearing and suggestion for rehearing en banc denied
(Feb 28, 2001)
AND Reversed by Zelman v. Simmons-Harris, 536 U.S. 639, 122 S.Ct.
2460, 153 L.Ed.2d 604, 70 USLW 4683, 166 Ed. Law Rep. 30, 02 Cal.
Daily Op. Serv. 5788, 2002 Daily Journal D.A.R. 7295, 15 Fla. L. Weekly
Fed. S 490 (U.S. Jun 27, 2002) (NO. 00-1751, 00-1777, 00-1779)
Judge Name and Court: Oliver, N.D. Ohio
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 1 (aid to private education)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to school voucher program allowing children to
attend private religious schools
57-EC
Ganulin v. U.S., 71 F.Supp.2d 824, S.D.Ohio, December 06, 1999 (NO. C1-98-557)
Affirmed by Ganulin v. U.S., 238 F.3d 420 (6th Cir.(Ohio) Dec 19,
2000) (Table, text in WESTLAW, NO. 00-3051)
Judge Name and Court: Dlott, S.D. Ohio
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (Other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to Christmas as public holiday
58-EC
Lionhart v. Foster, 100 F.Supp.2d 383, E.D.La., October 27, 1999 (NO.
CIV. A. 99-2844)
Judge Name and Court: Vance, E.D. La.
COURT - 0
Author (WRITING) - 1
EC-OUTCM – 0
Note: Plaintiff wins on other grounds, but not establishment challenge
Case – 9 (Other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to noise ordinance within proximity to church
59-EC
Cathy's Tap, Inc. v. Village of Mapleton, 65 F.Supp.2d 874, C.D.Ill.,
September 24, 1999 (NO. 98-1303)
Judge Name and Court: Mihm, C.D. Ill.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 7 (zoning)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Bar challenged nude dancing ordinance, including claim it
violated Establishment Clause
60-EC
DeStefano v. Miller, 67 F.Supp.2d 274, S.D.N.Y., September 10, 1999 (NO.
96 CIV. 9124 CM)
Judgment Vacated by DeStefano v. Emergency Housing Group, Inc., 247
F.3d 397 (2nd Cir.(N.Y.) Apr 20, 2001) (NO. 99-9146)
Judge Name and Court: McMahon, S.D.N.Y.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (Other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to detoxification center
61-EC
Renzi v. Connelly School of Holy Child, 61 F.Supp.2d 440, 138 Ed. Law
Rep. 761, D.Md., August 31, 1999 (NO. JFM-99-1512)
Judgment Reversed by Ehlers-Renzi v. Connelly School of the Holy Child,
Inc., 224 F.3d 283, 148 Ed. Law Rep. 574 (4th Cir.(Md.) Aug 14,
2000) (NO. 99-2352)
Judge Name and Court: Motz, D. Md.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 1 (private education) (more specific than zoning)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Neighbors sued parochial school, but challenge is to ordinance
allowing school to make improvements without zoning variance
62-EC
Carlino v. Gloucester City High School, 57 F.Supp.2d 1, D.N.J., August 02,
1999 (NO. CIV.A. 98-2799) (doubled coded also as 225-FE)
Affirmed in Part by Carlino v. Gloucester City High School, 44 Fed.Appx.
599 (3rd Cir.(N.J.) Aug 14, 2002) (Not selected for publication in the
Federal Reporter, NO. 00-5262)
Judge Name and Court: Orlofsky, D. N.J.
COURT - 0
Author (WRITING) – 1
EC-OUTCM - 1
Case – 4 (public secondary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Students barred from graduation ceremonies for drinking alcohol
raised claims about attendance to baccalaureate; establishment claims raised
about baccalaureate service; although denying motion for summary
judgment, court addresses merits by making clear that school sponsorship
would violate establishment clause, by holding that school would not have
qualified immunity, and noting evidence suggesting school district did
control the event
63-EC
Webb v. City of Republic, Mo., 55 F.Supp.2d 994, 52 Fed. R. Evid. Serv.
763, W.D.Mo., July 09, 1999 (NO. 98-3306-CV-S-RGC-ECF)
Judge Name and Court: Clark, Russell, W.D. Mo.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to city seal
64-EC
Johnson v. Economic Development Corp. of County of Oakland, 64
F.Supp.2d 657, 139 Ed. Law Rep. 260, E.D.Mich., June 29, 1999 (NO.
CIV.A.98-CV-71672-DT)
Affirmed by Johnson v. Economic Development Corp. of County of
Oakland, 241 F.3d 501, 151 Ed. Law Rep. 172, 2001 Fed.App. 0051P (6th
Cir.(Mich.) Feb 27, 2001) (NO. 99-1884)
Judge Name and Court: Friedman, E.D. Mich.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 1 (aid to private education)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to issuance of tax-exempt bonds to finance parochial
school improvements
65-EC
Freedom From Religion Foundation, Inc. v. Bugher, 55 F.Supp.2d 962, 137
Ed. Law Rep. 585, W.D.Wis., June 23, 1999 (NO. 98-C-767-S)
Affirmed by Freedom from Religion Foundation, Inc. v. Bugher, 249 F.3d
606, 153 Ed. Law Rep. 564 (7th Cir.(Wis.) Apr 27, 2001) (NO. 99-2850)
Judge Name and Court: Shabaz, W.D. Wis.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 1 (aid to private education)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to subsidies and grants for internet to schools,
including sectarian schools
66-EC
Altman v. Bedford Cent. School Dist., 45 F.Supp.2d 368, 135 Ed. Law Rep.
410, S.D.N.Y., May 21, 1999 (NO. 96 CIV. 7791 (CLB)) (doubled coded
also as 229-FE)
Affirmed in Part, Vacated in Part, Reversed in Part by Altman v. Bedford
Cent. School Dist., 245 F.3d 49, 152 Ed. Law Rep. 86 (2nd Cir.(N.Y.) Mar
27, 2001) (NO. 99-7969L, 99-9001)
Judge Name and Court: Brieant, S.D.N.Y.
COURT - 0
Author (WRITING) – 1
EC-OUTCM - 1
Case – 3 (public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to various religiously-implicating activities by public
school
67-EC
Suhre v. Haywood County, N.C., 55 F.Supp.2d 384, W.D.N.C., April 02,
1999 (NO. CIV. 1:94CV179)
Judge Name and Court: Thornburg, W.D.N.C.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to display of Ten Commandments in courtroom
68-EC
Gheta v. Nassau County Community College, 33 F.Supp.2d 179, 132 Ed.
Law Rep. 395, E.D.N.Y., January 21, 1999 (NO. 95 CV 1849)
Judge Name and Court: Gershon, E.D.N.Y.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 5 (public higher education)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to community college course on sexuality
69-EC
Koenick v. Felton, 190 F.3d 259, 139 Lab.Cas. P 58,693, 138 Ed. Law Rep.
100, C.A.4 (Md.), August 20, 1999 (NO. 97-1935)
Judge Name and Court: Ervin, 4th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Motz, Diana, 4th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Butzner, 4th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 3 (public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Establishment challenge to public school holiday around Easter
70-EC
American Civil Liberties Union v. City of Florissant, 186 F.3d 1095, C.A.8
(Mo.), August 16, 1999 (NO. 98-3782)
Judge Name and Court: Beam, 8th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Wollman, 8th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Murphy, 8th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to creche in seasonal display
71-EC
Freiler v. Tangipahoa Parish Bd. of Educ., 185 F.3d 337, 137 Ed. Law Rep.
195, C.A.5 (La.), August 13, 1999 (NO. 97-30879, 98-30132)
Judge Name and Court: Benavides, 5th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: King, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Politz, 5th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 3 (public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Establishment challenge to disclaimer read before teaching
evolution
72-EC
Bridenbaugh v. O'Bannon, 185 F.3d 796, 76 Empl. Prac. Dec. P 46,035, 138
Lab.Cas. P 58,689, C.A.7 (Ind.), July 21, 1999 (NO. 98-3058)
Judge Name and Court: Manion, 7th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Kanne, 7th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
--------------------DISSENT:
Judge Name and Court: Fairchild, 7th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to Good Friday as legal holiday
73-EC
Chandler v. James, 180 F.3d 1254, 136 Ed. Law Rep. 201, 12 Fla. L.
Weekly Fed. C 1049, C.A.11 (Ala.), July 13, 1999 (NO. 97-6953, 97-6898)
Certiorari Granted, Judgment Vacated by Chandler v. Siegelman, 530 U.S.
1256, 120 S.Ct. 2714, 147 L.Ed.2d 979, 68 USLW 3391, 68 USLW 3785,
68 USLW 3789, 146 Ed. Law Rep. 622, 2000 Daily Journal D.A.R.
6788 (U.S. Jun 26, 2000) (NO. 99-935)
On Remand to Chandler v. Siegelman, 230 F.3d 1313, 148 Ed. Law Rep.
138, 14 Fla. L. Weekly Fed. C 63 (11th Cir.(Ala.) Oct 19, 2000) (NO. 976898, 97-6953)
Judge Name and Court: Hill, 11th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Godbold, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Tjoflat, 11th Cir.
COURT - 1
Author (WRITING) – 0 (concurring on other grounds)
EC-OUTCM - 0
Case – 4 (public secondary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to allowing student-initiated prayer at school events
74-EC
Granzeier v. Middleton, 173 F.3d 568, 1999 Fed.App. 0143P, C.A.6 (Ky.),
April 19, 1999 (NO. 97-5409, 97-6326)
Judge Name and Court: Boggs, 6th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Wellford, 6th Cir.
COURT - 1
Author (WRITING) – 1 (concurring)
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
------------------DISSENT:
Judge Name and Court: Moore, 6th Cir.
COURT - 1
Author (WRITING) – 1
EC-OUTCM - 1
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Establishment challenge to closing of county courthouse on
Good Friday; although the plaintiffs won on a point in the lower court,
defendants did not appeal but only plaintiffs appealed the points on which
they lost
75-EC
Coles ex rel. Coles v. Cleveland Bd. of Educ., 171 F.3d 369, 133 Ed. Law
Rep. 392, 1999 Fed.App. 0101P, C.A.6 (Ohio), March 18, 1999 (NO. 973082, 97-3104)
Coles ex rel. Coles v. Cleveland Bd. of Educ., 183 F.3d 538 (6th Cir. Jun
11, 1999) (NO. 97-3082, 97-3104)
Note that judges concurring and dissenting from denial of rehearing en banc
are added to the panel votes
Judge Name and Court: Gilman, 6th Cir.
COURT - 1
Author (WRITING) – 1 (panel)
Judge Name and Court: Cole, 6th Cir.
COURT - 1
Author (WRITING) – 0 (panel)
Judge Name and Court: Merritt, 6th Cir.
COURT - 1
Author (WRITING) – 1 (concurring in denial of rehearing)
Judge Name and Court: Martin, Boyce, 6th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 6 (prayer in public facility)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
--------------
DISSENT:
Judge Name and Court: Ryan, 6th Cir.
COURT - 1
Author (WRITING) – 1 (panel)
Judge Name and Court: Boggs, 6th Cir.
COURT - 1
Author (WRITING) – 1 (dissenting from denial of rehearing)
Judge Name and Court: Nelson, David, 6th Cir.
COURT - 1
Author (WRITING) – 0
Judge Name and Court: Norris, Alan, 6th Cir.
COURT - 1
Author (WRITING) – 0
Judge Name and Court: Suhrheinrich, 6th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Siler, 6th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Batchelder, 6th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 6 (prayer in public facility)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to school board beginning meeting with prayer
76-EC
Doe v. Santa Fe Independent School Dist., 168 F.3d 806, 132 Ed. Law Rep.
687, C.A.5 (Tex.), February 26, 1999 (NO. 97-40150)
Suggestion for Rehearing en Banc Denied by Doe v. Santa Fe Independent
School Dist., 171 F.3d 1013 (5th Cir.(Tex.) Apr 07, 1999) (NO. 97-40150)
Note: Judges dissenting from denial of rehearing en banc added to dissent
on panel
Judge Name and Court: Wiener, 5th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Stewart, 5th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 4 (public secondary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
-----------------DISSENT:
Judge Name and Court: Jolly, 5th Cir. (panel)
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Higginboth, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Jones, Edith, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Smith, Jerry, 5th Cir.
COURT - 1
Author (WRITING) – 0
Judge Name and Court: Barkesdale, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Garza, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: DeMoss, 5th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 4 (public secondary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to allowing student prayer at graduation
77-EC
American Civil Liberties Union of New Jersey ex rel. Lander v. Schundler,
168 F.3d 92, C.A.3 (N.J.), February 16, 1999 (NO. 98-5021)
Judge Name and Court: Alito, 3d Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Rendell, 3d Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
--------------DISSENT:
Judge Name and Court: Nygaard, 3d Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to holiday display; majority upholds modified display
78-EC
Schmidt v. Cline, 127 F.Supp.2d 1169, D.Kan., December 06, 2000 (NO.
00-4138-SAC)
Judge Name and Court: Crow, D. Kan.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to “In God We Trust” posters in county building
79-EC
Sechler v. State College Area School Dist., 121 F.Supp.2d 439, 149 Ed.
Law Rep. 141, M.D.Pa., November 17, 2000 (NO. 4:CV-00-0508)
Judge Name and Court: McClure, M.D. Pa.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 3 (public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to holiday display and song program at elementary
school
80-EC
Kimbley v. Lawrence County, Ind., 119 F.Supp.2d 856, S.D.Ind., November
14, 2000 (NO. NA 00-207-C-B/S)
Judge Name and Court: Barker, S.D. Ind.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to proposed Ten Commandments monument at county
courthouse
81-EC
Steele v. Industrial Development Bd. of Metropolitan Government of
Nashville and Davidson County, 117 F.Supp.2d 693, 148 Ed. Law Rep. 287,
M.D.Tenn., October 24, 2000 (NO. CIV. 3:91-0421)
Reversed by Steele v. Industrial Development Bd. Of Metropolitan
Government Nashville, 301 F.3d 401, 2002-2 USTC P 50,598, 168 Ed. Law
Rep. 605, 2002 Fed.App. 0274P (6th Cir.(Tenn.) Aug 14, 2002) (NO. 006646, 00-6647, 00-6648, 00-6649)
Judge Name and Court: Trauger, M.D. Tenn.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 2 (aid to private higher education)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to bonds for religious university
82-EC
Alexander v. Schenk, 118 F.Supp.2d 298, N.D.N.Y., September 29, 2000
(NO. 97-CV-0404 LEK DRH)
Judge Name and Court: Kahn, N.D.N.Y.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (Other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge by prisoner to required participation in substance
abuse program with religious element
83-EC
Daugherty v. Vanguard Charter School Academy, 116 F.Supp.2d 897, 148
Ed. Law Rep. 208, W.D.Mich., September 25, 2000 (NO. 198-CV-897)
Judge Name and Court: McKeague, W.D. Mich.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 3 (public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Establishment challenge to charter school
84-EC
Henderson v. Stadler, 112 F.Supp.2d 589, E.D.La., August 29, 2000 (NO.
CIV. A. 00-2237)
Judgment Reversed by Henderson v. Stalder, 287 F.3d 374 (5th Cir.(La.)
Mar 29, 2002) (NO. 00-31171) (on standing)
On Remand to Henderson v. Stalder, 265 F.Supp.2d 699 (E.D.La. Jul 08,
2003) (NO. CIV.A. 00-2237)
Stay Denied by Henderson v. Stalder, 281 F.Supp.2d 866 (E.D.La. Aug 27,
2003) (NO. CIV. A. 00-2237)
AND Vacated and Remanded by Henderson v. Stalder, 407 F.3d 351, 16
A.L.R. Fed. 2d 787 (5th Cir.(La.) Apr 13, 2005) (NO. 03-30699) (on nonmerits grounds)
Judge Name and Court: Duval, E.D. La.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (Other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to “Choose Life” license plates and fund
85-EC
Pieszak v. Glendale Adventist Medical Center, 112 F.Supp.2d 970,
C.D.Cal., August 01, 2000 (NO. CV 97-4705 ABC (CWX))
Judge Name and Court: Collins, C.D. Cal.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (Other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Establishment challenge to exemption of religious institutions
from state discrimination law
86-EC
Indiana Civil Liberties Union Inc. v. O'Bannon, 110 F.Supp.2d 842,
S.D.Ind., July 28, 2000 (NO. IP00-0811-C-B/S)
Affirmed by Indiana Civil Liberties Union v. O'Bannon, 259 F.3d 766, 107
A.L.R.5th 711 (7th Cir.(Ind.) Jul 27, 2001) (NO. 00-3011)
Judge Name and Court: Barker, S.D. In.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to proposed Ten Commandments monument on
statehouse grounds
87-EC
Commack Self-Service Kosher Meats, Inc. v. Rubin, 106 F.Supp.2d 445,
E.D.N.Y., July 28, 2000 (NO. 96 CV 179)
Judgment Affirmed by Commack Self-Service Kosher Meats, Inc. v. Weiss,
294 F.3d 415 (2nd Cir.(N.Y.) May 21, 2002) (NO. 00-9116, 00-9118)
Judge Name and Court: Gershon, E.D.N.Y.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 2 (other regulation)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to state laws regulating kosher foods; although free
exercise claim is raised, the primary challenge (and the only one addressed
by the court) is establishment challenge to state’s interaction with Orthodox
Jewish groups in kosher regulation
88-EC
Adland v. Russ, 107 F.Supp.2d 782, E.D.Ky., July 27, 2000 (NO. CIV. A.
00-51)
Decision Affirmed by Adland v. Russ, 307 F.3d 471, 2002 Fed.App. 0354P
(6th Cir.(Ky.) Oct 09, 2002) (NO. 00-6139)
Judge Name and Court: Hood, E.D. Ky.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to proposed installation of Ten Commandments
monument to state capitol grounds
89-EC
Doe v. Harlan County School Dist., 96 F.Supp.2d 667, 144 Ed. Law Rep.
503, E.D.Ky., May 05, 2000 (NO. CIV.A. 99-508)
Judge Name and Court: Coffman, E.D. Ky.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 3 (public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to display of Ten Commandments at school
90-EC
American Civil Liberties Union of Kentucky v. McCreary County, KY, 96
F.Supp.2d 679, E.D.Ky., May 05, 2000 (NO. CIV.A. 99-507)
Judge Name and Court: Coffman, E.D. Ky.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to display of Ten Commandments in county
courthouse
91-EC
American Civil Liberties Union of Kentucky v. Pulaski County, KY, 96
F.Supp.2d 691, E.D.Ky., May 05, 2000 (NO. CIV.A. 99-509)
Judge Name and Court: Coffman, E.D. Ky.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to display of Ten Commandments at county
courthouse
92-EC
Associated Contract Loggers, Inc. v. U.S. Forest Service, 84 F.Supp.2d
1029, D.Minn., February 08, 2000 (NO. 99-CV-1485(JMR/RLE))
Judge Name and Court: Rosenbaum, D. Minn.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (Other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Logging companies claimed denial of logging permits by forest
service reflected religious beliefs of “Deep Ecology”
93-EC
Concerned Citizens of Carderock v. Hubbard, 84 F.Supp.2d 668, D.Md.,
February 01, 2000 (NO. CIV. AMD 99-3266)
Judge Name and Court: Davis, D. Md.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 7 (zoning)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to ordinance which allowed synagogue sue
94-EC
Books v. City of Elkhart, Indiana, 235 F.3d 292, C.A.7 (Ind.), December 13,
2000 (NO. 00-1114)
Judge Name and Court: Ripple, 7th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Williams, 7th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
--------------------DISSENT:
Judge Name and Court: Manion, 7th Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to Ten Commandments monument on lawn of city
municipal building
95-EC
Simmons-Harris v. Zelman, 234 F.3d 945, 149 Ed. Law Rep. 691, 2000
Fed.App. 0411P, C.A.6 (Ohio), December 11, 2000 (NO. 00-3060, 00-3063,
00-3055)
Judge Name and Court: Clay, 6th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Siler, 6th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 1 (aid to private elementary/secondary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
------------------DISSENT:
Judge Name and Court: Ryan, 6th Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 0
Case – 1 (aid to private elementary/secondary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to Ohio voucher program allowing students to attend
private schools including religious schools
96-EC
Chandler v. Siegelman, 230 F.3d 1313, 148 Ed. Law Rep. 138, 14 Fla. L.
Weekly Fed. C 63, C.A.11 (Ala.), October 19, 2000 (NO. 97-6898, 976953) (on remand from Supreme Court)
Judge Name and Court: Hill, 11th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Godbold, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Tjoflat, 11th Cir.
COURT - 1
Author (WRITING) – 0 (concurring on other grounds)
EC-OUTCM - 0
Case – 4 (public secondary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to allowing student-initiated prayer at school events;
school district did not appeal part of injunction in district court but
prevailed in court of appeals on part that it did appeal
97-EC
Ehlers-Renzi v. Connelly School of the Holy Child, Inc., 224 F.3d 283, 148
Ed. Law Rep. 574, C.A.4 (Md.), August 14, 2000 (NO. 99-2352)
Judge Name and Court: Niemeyer, 4th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Widener, 4th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 1 (private education) (more specific than zoning here)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
--------------------DISSENT:
Judge Name and Court: Murnaghan, 4th Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 1
Case – 1 (private education) (more specific than zoning here)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Homeowners challenged zoning ordinance regarding parochial
school
98-EC
Brooks v. City of Oak Ridge, 222 F.3d 259, 2000 Fed.App. 0243P, C.A.6
(Tenn.), July 21, 2000 (NO. 99-5516)
Judge Name and Court: Moore, 6th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Norris, 6th Cir.
COURT - 1
Author (WRITING) – 1 (concurring)
Judge Name and Court: Cole, 6th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to Japanese Buddhist symbols in city park
99-EC
Boyajian v. Gatzunis, 212 F.3d 1, C.A.1 (Mass.), May 02, 2000 (NO. 991760)
Judge Name and Court: Coffin, 1st Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Boudin, 1st Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 7 (zoning)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
-------------------DISSENT:
Judge Name and Court: Torruella, 1st Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 1
Case – 7 (zoning)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to state and town laws regarding religious uses of
property in zoning
100-EC
Children's Healthcare Is a Legal Duty, Inc. v. Min De Parle, 212 F.3d 1084,
69 Soc.Sec.Rep.Serv. 543, C.A.8 (Minn.), May 01, 2000 (NO. 98-3521)
Judge Name and Court: Wollman, 8th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Loken, 8th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
------------DISSENT:
Judge Name and Court: Lay, 8th Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to federal statute allowing persons with medical needs
to seek care of religious health care centers
101-EC
American Civil Liberties Union of Ohio v. Capitol Square Review and
Advisory Bd., 210 F.3d 703, 2000 Fed.App. 0148P, C.A.6 (Ohio), April 25,
2000 (NO. 98-4106)
Note: Only District Judge Cohn is coded here, as the other judges are coded
with the en banc ruling in American Civil Liberties Union of Ohio v.
Capitol Square Review and Advisory Bd., 243 F.3d 289, 2001 Fed.App.
0073P (6th Cir.(Ohio) Mar 16, 2001) (NO. 98-4106) (en banc)
Judge Name and Court: Cohn, E.D. Mich. (panel)
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to state motto
102-EC
Adler v. Duval County School Bd., 206 F.3d 1070, 142 Ed. Law Rep. 773,
13 Fla. L. Weekly Fed. C 459, C.A.11 (Fla.), March 15, 2000 (NO. 98-2709,
98-2720)
Certiorari Granted, Judgment Vacated by Adler v. Duval County School
Bd., 531 U.S. 801, 121 S.Ct. 31, 148 L.Ed.2d 3, 68 USLW 3741, 148 Ed.
Law Rep. 31, 00 Cal. Daily Op. Serv. 8091 (U.S. Oct 02, 2000) (NO. 991870)
On Remand to Adler v. Duval County School Bd., 250 F.3d 1330, 154 Ed.
Law Rep. 80, 14 Fla. L. Weekly Fed. C 691 (11th Cir.(Fla.) May 11,
2001) (NO. 98-2709, 98-2720)
Judge Name and Court: Marcus, 11th Cir. (panel)
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Tjoflat, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Edmondson, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Cox, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Birch, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Dubina, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Carnes, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Hull, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Wilson, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Anderson, 11th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 4 (public secondary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
----------------------DISSENT:
Judge Name and Court: Kravitch, 11th Cir. (panel)
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Barkett, 11th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 4 (public secondary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to school district policy allowing graduating students
to vote on whether to allow messages including prayer
103-EC
Freedom from Religion Foundation, Inc. v. City of Marshfield, Wis., 203
F.3d 487, C.A.7 (Wis.), February 04, 2000 (NO. 99-1639)
Judge Name and Court: Kanne, 7th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Easterbrook, 7th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Cudahy, 7th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Dispute involving location of statute of Christ in city park
104-EC
Freiler v. Tangipahoa Parish Bd. of Educ., 201 F.3d 602, 141 Ed. Law Rep.
458, C.A.5 (La.), January 24, 2000 (NO. 98-30132)
Note: King, Politz, and Benavides already coded with panel decision at 71EC; so coding here only of dissenters from denial of rehearing
Judge Name and Court: Barksdale, 5th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Jolly, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Higginbotham, Patrick, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Jones, Edith, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Smith, Jerry, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Garza, Emilio, 5th Cir.
COURT - 1
Author (WRITING) – 0
Judge Name and Court: DeMoss, 5th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 3 (public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Establishment challenge to disclaimer read before teaching
evolution
105-EC
Jabr v. Rapides Parish School Bd. ex rel. Metoyer, 171 F.Supp.2d 653, 159
Ed. Law Rep. 95, W.D.La., September 27, 2001 (NO. CIV. A. 01-0623)
Judge Name and Court: Little, W.D. La.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 3 (public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Parents challenged distribution of New Testaments in public
schools
106-EC
National Min. Ass'n v. Slater, 167 F.Supp.2d 265, D.D.C., September 18,
2001 (NO. CIV. A. 00-00288(ESH, CIV. A. 01-00404(ESH)
Judge Name and Court: Huvelle, D.D.C.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 7 (zoning)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Mining industry and others challenged historic preservation
rules, as preferring Hawaiian and Native American religions
107-EC
Pedreira v. Kentucky Baptist Homes for Children, Inc., 186 F.Supp.2d 757,
86 Fair Empl.Prac.Cas. (BNA) 417, W.D.Ky., July 23, 2001 (NO.
CIV.A.3:00CV-210-S)
Judge Name and Court: Simpson, W.D. Ky.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Taxpayer claimed private children’s home used state money for
religious purposes in violation of establishment; the employee’s suit
claiming religious discrimination was not met with a religious liberty
defense
108-EC
Linnemeier v. Indiana University-Purdue University Fort Wayne, 155
F.Supp.2d 1044, N.D.Ind., July 20, 2001 (NO. 1:01-CV-0266)
Judge Name and Court: Lee, William, N.D. Ind.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 5 (public higher education)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Suit against university for allowing theater student to produce
play hostile to Christianity
109-EC
American Civil Liberties Union of Kentucky v. McCreary County,
Kentucky, 145 F.Supp.2d 845, 155 Ed. Law Rep. 243, E.D.Ky., June 22,
2001 (NO. CIV.A. 99-507)
Affirmed by American Civil Liberties Union of Kentucky v. McCreary
County, Kentucky, 354 F.3d 438, 184 Ed. Law Rep. 67, 2003 Fed.App.
0447P (6th Cir.(Ky.) Dec 18, 2003) (NO. 01-5935)
Judge Name and Court: Coffman, E.D. Ky.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to Ten Commandments display (note that display had
been modified since earlier decisions involving same county, so this is a
new decision)
110-EC
Holloman v. Walker County Bd. of Educ., 334 F.Supp.2d 1286, N.D.Ala.,
June 04, 2001 (NO. CIV.A. 00-AR-1855-J)
Reversed by Holloman ex rel. Holloman v. Harland, 370 F.3d 1252, 188 Ed.
Law Rep. 620, 28 Fla. L. Weekly Fed. C 593 (11th Cir.(Ala.) May 28,
2004) (NO. 01-13864)
Judge Name and Court: Acker, N.D. Ala.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 3 (public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Student claimed he was required to participate in prayer request
111-EC
First Unitarian Church of Salt Lake City v. Salt Lake City Corp., 146
F.Supp.2d 1155, D.Utah, May 04, 2001 (NO. 2:99-CV-912-ST) (also coded
as 367-FE)
Judgment Reversed by First Unitarian Church of Salt Lake City v. Salt Lake
City Corp., 308 F.3d 1114 (10th Cir.(Utah) Oct 09, 2002) (NO. 01-4111)
Judge Name and Court: Stewart, D. Utah
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Establishment challenge to sale of city lot to church; questions
about expression on city’s pedestrian easement are addressed as 367-FE
112-EC
Bausch v. Sumiec, 139 F.Supp.2d 1029, E.D.Wis., April 10, 2001 (NO. 99C-684)
Judge Name and Court: Adelman, E.D. Wis.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Parolee claimed establishment violation by religious-only drug
treatment program; although summary judgment denied based on facts
about whether parolee had waived objection, ruling holds that religious-only
program would violate establishment and if not waived, officers would not
have qualified immunity
113-EC
Doe v. School Bd. of Ouachita Parish, 274 F.3d 289, 160 Ed. Law Rep. 17,
C.A.5 (La.), December 11, 2001 (NO. 00-30874)
Judge Name and Court: Duhe, 5th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: King, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Benavides, 5th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 3 (public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to state statute allowing for verbal prayer in schools
114-EC
Kong v. City and County of San Francisco, 18 Fed.Appx. 616, 2001 WL
1020102, (Not Selected for publication in the Federal Reporter), C.A.9
(Cal.), September 05, 2001 (NO. 00-15261)
Judge Name and Court: Hawkins, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Gould, 9th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
----------------DISSENT:
Note: Although Judge Canby concurs, he emphasizes that he does so under
“compulsion”, that he hopes for overturning what “at least for the moment”
is the law of the circuit; and would instead hold the city’s action violates the
establishment clause, so coded as dissent
Judge Name and Court: Canby, 9th Cir.
COURT - 1
Author (WRITING) – 1 (concurring)
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to city’s auction of parcel of land with religious
monument
115-EC
Indiana Civil Liberties Union v. O'Bannon, 259 F.3d 766, 107 A.L.R.5th
711, C.A.7 (Ind.), July 27, 2001 (NO. 00-3011)
Judge Name and Court: Bauer, 7th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Flaum, 7th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
-------------------
DISSENT:
Judge Name and Court: Coffey, 7th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to state’s acceptance of Ten Commandments
monument for grounds of statehouse
116-EC
Brown v. Gilmore, 258 F.3d 265, 155 Ed. Law Rep. 1031, C.A.4 (Va.), July
24, 2001 (NO. 00-2400, 00-2132)
Judge Name and Court: Niemeyer, 4th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Williams, 4th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 3 (public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
--------------------DISSENT:
Judge Name and Court: King, 4th Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 1
Case – 3 (public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to moment of silence law for public schools
117-EC
Adler v. Duval County School Bd., 250 F.3d 1330, 154 Ed. Law Rep. 80, 14
Fla. L. Weekly Fed. C 691, C.A.11 (Fla.), May 11, 2001 (NO. 98-2720, 982709)
Judge Name and Court: Marcus, 11th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Tjoflat, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Edmondson, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Birch, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Dubina, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Hull, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Wilson, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Cox, 11th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 4 (public secondary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
--------------------DISSENT:
Judge Name and Court: Kravitch, 11th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Carnes, 11th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Anderson, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Barkett, 11th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 4 (public secondary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to student-led prayer at graduation
118-EC
Rocky Mountain Oil & Gas Ass'n v. U.S. Forest Service, 12 Fed.Appx. 498,
2001 WL 470022, 156 Oil & Gas Rep. 233, 31 Envtl. L. Rep. 20,617, (Not
Selected for publication in the Federal Reporter), C.A.9 (Mont.), May 03,
2001 (NO. 00-35349)
Judge Name and Court: Thompson, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Trott, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Paez, 9th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 7 (zoning)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Trade association challenge federal land-use plans that consider
Native American Indian religious uses
119-EC
Freedom from Religion Foundation, Inc. v. Bugher, 249 F.3d 606, 153 Ed.
Law Rep. 564, C.A.7 (Wis.), April 27, 2001 (NO. 99-2850)
Judge Name and Court: Wood, Harlington, 7th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Wood, Diane, 7th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Kanne, 7th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 1 (aid to private education)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to private college participation in state program
subsidizing telecommunications access
120-EC
DeStefano v. Emergency Housing Group, Inc., 247 F.3d 397, C.A.2 (N.Y.),
April 20, 2001 (NO. 99-9146)
Judge Name and Court: Sack, 2d Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: McLaughlin, 2d Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Katzmann, 2d Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to state funding of private alcohol treatment facility;
although most of challenge is rejected, court says that allegations of public
staff involvement and other aspects would be invalid state indoctrination
and further sends matter back to district court
121-EC
Altman v. Bedford Cent. School Dist., 245 F.3d 49, 152 Ed. Law Rep. 86,
C.A.2 (N.Y.), March 27, 2001 (NO. 99-7969L, 99-9001) (also coded as
410-FE)
Judge Name and Court: Kearse, 2d Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Walker, 2d Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Pooler, 2d Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 3 (public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Summary: Challenge to various religiously-implicating
activities by public school
122-EC
American Civil Liberties Union of Ohio v. Capitol Square Review and
Advisory Bd., 243 F.3d 289, 2001 Fed.App. 0073P, C.A.6 (Ohio), March
16, 2001 (NO. 98-4106)
Judge Name and Court: Nelson, David, 6th Cir. (panel)
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Boggs, 6th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Norris, Alan, 6th Cir.
COURT - 1
Author (WRITING) – 0
Judge Name and Court: Suhrheinrich, 6th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Siler, 6th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Batchelder, 6th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Cole, 6th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Gilman, 6th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Clay, 6th Cir.
COURT - 1
Author (WRITING) – 1 (concurring)
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
------------------------DISSENT:
Judge Name and Court: Martin, 6th Cir.
COURT - 1
Author (WRITING) – 1
Judge Name and Court: Merritt, 6th Cir. (panel)
COURT - 1
Author (WRITING) – 1
Judge Name and Court: Daughtry, 6th Cir.
COURT - 1
Author (WRITING) – 0
Judge Name and Court: Moore, 6th Cir.
COURT - 1
Author (WRITING) – 0
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to state motto
123-EC
Johnson v. Economic Development Corp. of County of Oakland, 241 F.3d
501, 151 Ed. Law Rep. 172, 2001 Fed.App. 0051P, C.A.6 (Mich.), February
27, 2001 (NO. 99-1884)
Judge Name and Court: Clay, 6th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Nelson, 6th Cir.
COURT - 1
Author (WRITING) – 1 (concurring
Judge Name and Court: Siler, 6th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 1 (private secondary or elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to tax-exempt revenue bonds on behalf of Catholic
schools
124-EC
Doe v. Beaumont Independent School Dist., 240 F.3d 462, 151 Ed. Law
Rep. 119, C.A.5 (Tex.), January 26, 2001 (NO. 97-40429)
Note: Judge Higginbotham’s principle opinion cannot be coded as a ruling
on the merits and indeed emphasizes that it is not ruling on the merits
Likewise, the Jolly dissent on standing is not a ruling on the merits
Thus, only the Jones and Wiener dissents, which go in opposite directions,
can be coded on the merits
DISSENT 1:
Judge Name and Court: Jones, 5th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Smith, Jerry, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Barksdale, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Garza, 5th Cir. (panel)
COURT - 1
Author (WRITING) - 0
Judge Name and Court: DeMoss, 5th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 3 (public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
--------------------DISSENT 2:
Judge Name and Court: Wiener, 5th Cir. (panel)
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Politz, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Benavides, 5th Cir. (panel)
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Stewart, Carl, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Parker, Robert, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Dennis, 5th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 5 (public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to “Clergy in the Schools” volunteer counseling
program
125-EC
Burch v. Corcoran, 273 F.3d 577, C.A.4 (Md.), November 28, 2001 (NO.
01-4)
Judge Name and Court: King, 4th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Wilkinson, 4th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Niemeyer, 4th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Criminal defendant challenged juror’s reading and quoting of
Bible during deliberations
126-EC
Linnemeir v. Board of Trustees of Purdue University, 260 F.3d 757, 156 Ed.
Law Rep. 428, C.A.7 (Ind.), August 07, 2001 (NO. 01-3002)
Judge Name and Court: Posner, 7th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Bauer, 7th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 7 (public higher education)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
-------------------
DISSENT:
Judge Name and Court: Coffey, 7th Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 1
Case – 7 (public higher education)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to university’s presentation of play as endorsing antiChristian beliefs; denying request for stay as unlikely to prevail; coding
admittedly seems odd at first, since the pro-religion position would appear
to be that which suppresses the anti-Christian play but, first and foremost,
consistency in coding requires this coding and, second, allowing an anti-
Christian message in a university theater would also mean that a proChristian message would be permitted as well
127-EC
Glassroth v. Moore, 229 F.Supp.2d 1290, M.D.Ala., November 18, 2002
(NO. CIV.A.01-T-1268-N, CIV.A.01-T-1269-N)
Affirmed by Glassroth v. Moore, 335 F.3d 1282, 16 Fla. L. Weekly Fed. C
803 (11th Cir.(Ala.) Jul 01, 2003) (NO. 02-16708, 02-16949)
Judge Name and Court: Thompson, Myron, M.D. Ala.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to Ten Commandments monument in Alabama state
judicial building
128-EC
Deveney v. Board of Educ. of County of Kanawha, 231 F.Supp.2d 483, 172
Ed. Law Rep. 287, S.D.W.Va., October 25, 2002 (NO. CIV.A. 2:02-0493)
Judge Name and Court: Copenhaver, S.D. W. Va.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 4 (public secondary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to invocation at public high school graduation
129-EC
Johnson v. Martin, 223 F.Supp.2d 820, W.D.Mich., September 26, 2002
(NO. 1:01-CV-515, 2:00-CV-75)
Judge Name and Court: Enslen, W.D. Mich.
COURT Author (WRITING) -
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to constitutionality of RLUIPA
130-EC
Harris v. City of Chicago, 218 F.Supp.2d 990, N.D.Ill., September 11, 2002
(NO. 02 C 6379)
Judge Name and Court: Norgle, N.D. Ill.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 6 (prayer in public facility)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to planned reading of prayer at city commemoration
ceremony
131-EC
American Civil Liberties Union of Kentucky v. Mercer County, KY, 219
F.Supp.2d 777, E.D.Ky., September 06, 2002 (NO. CIV.A. 01-480-KSF)
Affirmed by American Civil Liberties Union of Kentucky v. Mercer County,
Ky., 432 F.3d 624, 2005 Fed.App. 0477P (6th Cir.(Ky.) Dec 20, 2005) (NO.
03-5142)
Judge Name and Court: Forester, E.D. Ky.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to display of Ten Commandments in county
courthouse
132-EC
Oxford v. Beaumont Independent School Dist., 224 F.Supp.2d 1099, 171
Ed. Law Rep. 182, E.D.Tex., August 29, 2002 (NO. 1:96-CV-706) (on
remand)
Judge Name and Court: Schell, E.D. Tex.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case - 3 (public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to Clergy in Schools program for counseling
133-EC
Rusk v. Crestview Local Schools, 220 F.Supp.2d 854, 170 Ed. Law Rep.
256, N.D.Ohio, August 07, 2002 (NO. 3:01 CV 7239)
Reversed and Remanded by Rusk v. Crestview Local School Dist., 379 F.3d
418, 191 Ed. Law Rep. 84, 2004 Fed.App. 0267P (6th Cir.(Ohio) Aug 12,
2004) (NO. 02-3991)
Judge Name and Court: Carr, N.D. Ohio
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 3 (public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Parent challenged flyers in public school announcing events
including religious events
134-EC
Freedom From Religion Foundation, Inc. v. McCallum, 214 F.Supp.2d 905,
W.D.Wis., July 26, 2002 (NO. 00-C-617-C)
Judgment Affirmed by Freedom from Religion Foundation, Inc. v.
McCallum, 324 F.3d 880 (7th Cir.(Wis.) Apr 02, 2003) (NO. 02-3102),
rehearing and rehearing en banc denied (May 22, 2003)
Judge Name and Court: Crabb, W.D. Wis.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to state’s funding of faith-based substance abuse
program
135-EC
McCarthy v. Boozman, 212 F.Supp.2d 945, 168 Ed. Law Rep. 258,
W.D.Ark., July 25, 2002 (NO. 01-2266)
Judge Name and Court: Dawson, W.D. Ark.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Parent challenged state immunization statute which affords
exemption only to some religions; although also raised as free exercise, the
outcome is conflicting because while the court finds a free exercise
violation the remedy is to strike any exemption, thus leaving the parent
without relief
136-EC
American Civil Liberties Union of Louisiana v. Foster, Not Reported in
F.Supp.2d, 2002 WL 1733651, E.D.La., July 24, 2002 (NO. CIV.A. 021440)
Judge Name and Court: Porteous, E.D. La.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to state funding of religiously affiliated groups in
abstinence program
137-EC
Buono v. Norton, 212 F.Supp.2d 1202, C.D.Cal., July 24, 2002 (NO.
EDCV01216RTSGLX)
Judge Name and Court: Timlin, C.D. Cal.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to cross in national preserve
138-EC
Nusbaum v. Terrangi, 210 F.Supp.2d 784, E.D.Va., July 19, 2002 (NO.
2:01CV106, 2:02CV179)
Judge Name and Court: Friedman, E.D. Va.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Prisoners challenged conditioning of good time credits on
participation in program which emphasized religion
139-EC
American Civil Liberties Union of Tennessee v. Rutherford County, 209
F.Supp.2d 799, M.D.Tenn., June 21, 2002 (NO. 3:02-0396)
Judge Name and Court: Echols, M.D. Tenn.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to Ten Commandments display in courthouse lobby
140-EC
American Civil Liberties Union of Ohio Foundation, Inc. v. Ashbrook, 211
F.Supp.2d 873, N.D.Ohio, June 11, 2002 (NO. 1:01CV0556)
Judge Name and Court: O’Malley, N.D. Ohio
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to judge’s display of Ten Commandments poster
141-EC
Skarin v. Woodbine Community School Dist., 204 F.Supp.2d 1195, 166 Ed.
Law Rep. 216, S.D.Iowa, May 10, 2002 (NO. 1-02-CV-80010)
Judge Name and Court: Wolle, S.D. Iowa
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 4 (public secondary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Suit to enjoin public high school choir singing Lord’s Prayer
142-EC
Freedom Baptist Church of Delaware County v. Tp. of Middletown, 204
F.Supp.2d 857, E.D.Pa., May 08, 2002 (NO. CIV.A. 01-5345)
Judge Name and Court: Dalzell, E.D. Pa.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 7 (zoning)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to constitutionality of RLUIPA on establishment
grounds
143-EC
American Civil Liberties Union of Tennessee v. Hamilton County,
Tennessee, 202 F.Supp.2d 757, E.D.Tenn., May 03, 2002 (NO. 1:02-CV026)
Judge Name and Court: Edgar, E.D. Tenn.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to Ten Commandments plaque in city and court
buildings
144-EC
Natural Arch and Bridge Society v. Alston, 209 F.Supp.2d 1207, D.Utah,
April 05, 2002 (NO. CIV. 2:00-C-0191J)
Judge Name and Court: Jenkins, D. Utah
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to park service policy of asking people to not
approach or walk under Rainbow Bridge
145-EC
Freethought Society v. Chester County, 191 F.Supp.2d 589, E.D.Pa., March
06, 2002 (NO. CIV.A.01-5244)
Order Reversed by Freethought Soc. of Greater Philadelphia v. Chester
County, 334 F.3d 247 (3rd Cir.(Pa.) Jun 26, 2003) (NO. 02-1765)
Judge Name and Court: Dalzell, E.D. Pa.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to Ten Commandments plaque at courthouse
146-EC
Gerhardt v. Lazaroff, 221 F.Supp.2d 827, S.D.Ohio, February 25, 2002
(NO. C2-95-517, C2-97-382, C2-98-275)
Reversed by Cutter v. Wilkinson, 349 F.3d 257, 2003 Fed.App. 0397P (6th
Cir.(Ohio) Nov 07, 2003) (NO. 02-3270, 02-3299, 02-3301), mandate
recalled (Dec 16, 2003), rehearing and rehearing en banc denied (Mar 03,
2004)
On Remand to Cutter v. Wilkinson, 423 F.3d 579, 2005 Fed.App.
0390P (6th Cir. Sep 13, 2005) (NO. 02-3270, 02-3299, 02-3301)
Judge Name and Court: Sargus, S.D. Ohio
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Establishment challenge to RLUIPA
147-EC
ACLU Nebraska Foundation v. City of Plattsmouth, Nebraska, 186
F.Supp.2d 1024, D.Neb., February 19, 2002 (NO. 4:01CV3109)
Reversed by ACLU Nebraska Foundation v. City of Plattsmouth, Neb., 419
F.3d 772 (8th Cir.(Neb.) Aug 19, 2005) (NO. 02-2444)
Judge Name and Court: Kopf, D. Neb.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to Ten Commandments monument in public park
148-EC
Turner v. Liverpool Cent. School, 186 F.Supp.2d 187, 162 Ed. Law Rep.
256, N.D.N.Y., February 11, 2002 (NO. 5:00-CV-1320FJSDRH)
Judge Name and Court: Scullin, N.D.N.Y.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 3 (public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Although case arises as free exercise claim by parent for
exemption from vaccination requirement, court’s ruling is on school
district’s establishment challenge to state religious exemption
149-EC
Doe v. Porter, 188 F.Supp.2d 904, 163 Ed. Law Rep. 169, E.D.Tenn.,
February 08, 2002 (NO. 1L01-CV-115)
Judgment Affirmed by Doe v. Porter, 370 F.3d 558, 58 Fed.R.Serv.3d 901,
188 Ed. Law Rep. 100, 2004 Fed.App. 0171P (6th Cir.(Tenn.) Jun 07,
2004) (NO. 02-5316, 02-5823)
Judge Name and Court: Edgar, E.D. Tenn.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 3 (public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to teaching of Bible in public school
150-EC
Newman v. City of East Point, 181 F.Supp.2d 1374, N.D.Ga., January 28,
2002 (NO. CIV.A.1:02-CV-0001-T)
Judge Name and Court: Thrash, N.D. Ga.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 6 (prayer in public facility)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to community prayer breakfast, obtained injunction
against city and mayor organizing, advertising, or promoting it
151-EC
Mellen v. Bunting, 181 F.Supp.2d 619, 161 Ed. Law Rep. 438, W.D.Va.,
January 24, 2002 (NO. CIV.A.6:01CV00026)
Affirmed in Part, Vacated in Part by Mellen v. Bunting, 327 F.3d 355, 175
Ed. Law Rep. 467 (4th Cir.(Va.) Apr 28, 2003) (NO. 02-1215, 02-1267)
Judge Name and Court: Moon, W.D. Va.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 5 (public higher)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to daily supper prayer at state military college
152-EC
Mayweathers v. Newland, 314 F.3d 1062, 02 Cal. Daily Op. Serv. 12,431,
2002 Daily Journal D.A.R. 14,672, C.A.9 (Cal.), December 27, 2002 (NO.
01-16505, 01-16607, 01-17133)
Judge Name and Court: Nelson, D.W., 9th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Schroeder, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Rawlinson, 9th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to constitutionality of RLUIPA
153-EC
Bacus v. Palo Verde Unified School Dist. Bd. of Educ., 52 Fed.Appx. 355,
2002 WL 31724273, (Not Selected for publication in the Federal Reporter),
172 Ed. Law Rep. 24, C.A.9 (Cal.), December 03, 2002 (NO. 99-57020)
Judge Name and Court: Fernandez, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Kleinfeld, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: McKeown, 9th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 6 (prayer in public facility)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to prayer at school board meeting
154-EC
Baker v. Adams County/Ohio Valley School Bd., 310 F.3d 927, 54
Fed.R.Serv.3d 452, 171 Ed. Law Rep. 447, 2002 Fed.App. 0399P, C.A.6,
November 19, 2002 (NO. 02-3777)
Judge Name and Court: Keith, 6th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Moore, 6th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 4 (public secondary) (more specific than “religious symbols”)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
--------------DISSENT:
Judge Name and Court: Kennedy, 6th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to display of Ten Commandments in public high
schools; although ruling is on a request for a stay by the school district, the
judges address the likelihood of success and there is no subsequent
appellate ruling directly on the merits
155-EC
Adland v. Russ, 307 F.3d 471, 2002 Fed.App. 0354P, C.A.6 (Ky.), October
09, 2002 (NO. 00-6139)
Judge Name and Court: Martin, Boyce, 6th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Sargus, S.D. Ohio
COURT - 1
Author (WRITING) – 1 (concurring)
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
--------------
DISSENT:
Judge Name and Court: Batchelder, 6th Cir.
COURT - 1
Author (WRITING) – 1
Dissent would find case not ripe, so is not coded as a merits ruling
Summary: Challenge to legislative directive to install Ten Commandments
monument on state capitol grounds
156-EC
Steele v. Industrial Development Bd. Of Metropolitan Government
Nashville, 301 F.3d 401, 2002-2 USTC P 50,598, 168 Ed. Law Rep. 605,
2002 Fed.App. 0274P, C.A.6 (Tenn.), August 14, 2002 (NO. 00-6649, 006648, 00-6647, 00-6646)
Judge Name and Court: Sargus, S.D. Ohio
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Norris, 6th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 2 (private higher education)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
----------------DISSENT:
Judge Name and Court: Clay, 6th Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 1
Case – 2 (private higher education)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to issuance of tax-exempt bond to benefit religious
university
157-EC
Newdow v. U.S. Congress, 328 F.3d 466, 176 Ed. Law Rep. 44, C.A.9
(Cal.), February 28, 2003 (NO. 00-16423)
Note: Original Date of June 26, 2002 should be used for Goodwin,
Reinhardt, and Fernandez (dissent)
Note: Use February 28, 2003 for all other judges
Judge Name and Court: Goodwin, 9th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Reinhardt, 9th Cir.
COURT - 1
Author (WRITING) – 1 (eventually concurring)
EC-OUTCM - 1
Case – 3 (public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
----------------DISSENT:
Judge Name and Court: Ferguson, 9th Cir.
COURT - 1
Author (WRITING) – 1
EC-OUTCM - 0
Case – 3 (public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
----------------DISSENT from denial of rehearing (2003):
Judge Name and Court: O’Scannlain, 9th Cir.
COURT - 1
Author (WRITING) – 1
Judge Name and Court: Kleinfeld, 9th Cir.
COURT - 1
Author (WRITING) – 0
Judge Name and Court: Gould, 9th Cir.
COURT - 1
Author (WRITING) – 0
Judge Name and Court: Tallman, 9th Cir.
COURT - 1
Author (WRITING) – 0
Judge Name and Court: Rawlinson, 9th Cir.
COURT - 1
Author (WRITING) – 0
Judge Name and Court: Clifton, 9th Cir.
COURT - 1
Author (WRITING) – 0
EC-OUTCM - 0
Case – 3 (public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 0
Summary: Challenge to Pledge of Allegiance in school
158-EC
Commack Self-Service Kosher Meats, Inc. v. Weiss, 294 F.3d 415, C.A.2
(N.Y.), May 21, 2002 (NO. 00-9118, 00-9116)
Judge Name and Court: Miner, 2d Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Leval, 2d Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Pooler, 2d Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 2 (other regulation)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to regulation of kosher meats
159-EC
Greenville Women's Clinic v. Commissioner, South Carolina Dept. of
Health and Environmental Control, 317 F.3d 357, C.A.4 (S.C.), September
19, 2002 (NO. 01-2090, 01-2235)
Judge Name and Court: Niemeyer, 4th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Michael, 4th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
----------------DISSENT:
Judge Name and Court: King, 4th Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Abortion providers challenged licensing regulation
160-EC
Isaacs v. Head, 300 F.3d 1232, 15 Fla. L. Weekly Fed. C 880, C.A.11 (Ga.),
August 06, 2002 (NO. 01-11915)
Judge Name and Court: Anderson, 11th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Edmonson, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Barkett, 11th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Habeas corpus petition complains about prayer given at opening
of court in criminal trial
161-EC
U.S. v. Bernard, 299 F.3d 467, C.A.5 (Tex.), July 19, 2002 (NO. 00-50523)
Judge Name and Court: Jones, Edith, 5th Cir.
COURT - 1
Author (WRITING) – 1
Judge Name and Court: Wiener, 5th Cir.
COURT - 1
Author (WRITING) – 0
Judge Name and Court: Parker, 5th Cir.
COURT - 1
Author (WRITING) – 1
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Death penalty defendants raised establishment challenge (as
confirmed by appellate briefs) to various religious references, including in
impact statements, at the trial
162-EC
Henderson v. Stalder, 287 F.3d 374, C.A.5 (La.), March 29, 2002 (NO. 0031171)
Note: Majority (Barbour, Jones (Edith) rules on standing and not merits;
but dissent addresses both
DISSENT:
Judge Name and Court: Davis, W. Eugene, 5th Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (Other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 0
Summary: Challenge to state speciality license plate for “Choose Life”
163-EC
U.S. v. Maui County, 298 F.Supp.2d 1010, D.Hawai'i, December 29, 2003
(NO. CIV.03-00362SPK/KSC)
Judge Name and Court: King, Samuel, D. Hawaii
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Holding RLUIPA is not unconstitutional
164-EC
Turner v. Habersham County, Georgia, 290 F.Supp.2d 1362, N.D.Ga.,
November 17, 2003 (NO. CIV.A.2:02-CV-39-WCO)
Judge Name and Court: O’Kelley, N.D. Ga.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to display of Ten Commandments in courthouse
165-EC
Arnett v. Jackson, 290 F.Supp.2d 874, S.D.Ohio, October 07, 2003 (NO.
1:01-CV-00157)
Judge Name and Court: Spiegel, S.D. Ohio
COURT - 0
Author (WRITING) - 1
Reversed by Arnett v. Jackson, 393 F.3d 681, 2005 Fed.App. 0005P (6th
Cir.(Ohio) Jan 06, 2005) (NO. 03-4375), rehearing en banc denied (Apr 06,
2005)
EC-OUTCM – 1 (see summary below)
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Close question on whether to include; trial judge made religious
references in sentencing; although court upholds petition for due process
reasons, the court also holds that the establishment clause/First Amendment
claim had been waived; on balance, however, the focus is on the propriety
of any religious influence in the sentencing and the due process argument
appears directly parallel to the establishment claim
166-EC
Williams v. Bitner, 285 F.Supp.2d 593, M.D.Pa., September 30, 2003 (NO.
CIV. 1CV012271)
Judge Name and Court: Conner, M.D. Pa.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Although presented as a RLUIPA/free exercise claim, not a
ruling on the merits of that point (which comes more closely in 2005
decision), but clearly a ruling on whether RLUIPA violates establishment
clause
167-EC
McGinley v. Houston, 282 F.Supp.2d 1304, M.D.Ala., September 04, 2003
(NO. CIV.A. 03-T-0895-N)
Affirmed by McGinley v. Houston, 361 F.3d 1328, 17 Fla. L. Weekly Fed. C
279 (11th Cir.(Ala.) Mar 05, 2004) (NO. 03-15005)
Judge Name and Court: Thompson, Myron, M.D. Ala.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Claim that removal of Ten Commandments from state court
building violated establishment clause; coding outcome is strange as applied
to this case, but consistency so requires
168-EC
Barnes-Wallace v. Boy Scouts of America, 275 F.Supp.2d 1259, S.D.Cal.,
July 31, 2003 (NO. 00-CV-1726)
Judge Name and Court: Jones, S.D. Cal.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 6 (religious meeting or prayer in public facilities)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Lesbian and agnostic parents sued city and Boy Scouts
challenging lease of public park land; as the establishment challenge is
primary, the plaintiffs do not seek an accommodation, and the city is the
primary defendant on the establishment clause claim, it is coded only in the
EC database
169-EC
Circle School v. Phillips, 270 F.Supp.2d 616, 179 Ed. Law Rep. 705,
E.D.Pa., July 15, 2003 (NO. CIV.A. 03-763)
Affirmed in Part by Circle Schools v. Pappert, 381 F.3d 172, 191 Ed. Law
Rep. 629 (3rd Cir.(Pa.) Aug 19, 2004) (NO. 03-3285)
Judge Name and Court: Kelly, Robert, E.D. Pa.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 1 (private secondary or elementary education)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Non-religious private schools challenged state statute requiring
recitation of Pledge of Allegiance, including establishment challenge to
exemption for private religious schools; although plaintiffs won on free
speech, they lost on establishment challenge
170-EC
Mercier v. City of La Crosse, 276 F.Supp.2d 961, W.D.Wis., July 14, 2003
(NO. 02-C-376-C)
Order Reversed by Mercier v. Fraternal Order of Eagles, 395 F.3d 693 (7th
Cir.(Wis.) Jan 03, 2005) (NO. 04-1321, 04-1524), rehearing en banc denied
(Feb 28, 2005)
Judge Name and Court: Crabb, W.D. Wis.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Establishment challenge to placement of Ten Commandments
monument in park and attempt to sell it to private parties
171-EC
Clanton v. Glover, 280 F.Supp.2d 1360, M.D.Fla., May 09, 2003 (NO. 3:01CV-1398-J-32-HT)
Judge Name and Court: Corrigan, M.D. Fla.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 6 (religious meeting or prayer in public facility)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Inmate challenged prayer circles that ended drug treatment
program; although a denial of defendant’s motion for summary judgment,
the court notes the evidence confirms that defendant allowed the prayer
circle practice to develop under the watch of the counselor and that the
inmate would lose credit if not standing in the circle
172-EC
Kilaab Al Ghashiyah v. Department of Corrections of State of Wisconsin,
250 F.Supp.2d 1016, E.D.Wis., March 04, 2003 (NO. 01-C-10)
Judge Name and Court: Adelman, E.D. Wis.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Prisoner sought accommodation under RLUIPA, but only
decision in establishment challenge to RLUIPA by defendants, with
accommodation claims left for later resolution
173-EC
Georgia Cemetery Ass'n, Inc. v. Cox, 403 F.Supp.2d 1206, N.D.Ga.,
February 07, 2003 (NO. CIV.A. 100CV2393JOF)
Affirmed by Georgia Cemetery Ass'n, Inc. v. Cox, 353 F.3d 1319, 17 Fla. L.
Weekly Fed. C 130 (11th Cir.(Ga.) Dec 19, 2003) (NO. 03-11203)
Judge Name and Court: Forrester, N.D. Ga.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Association of cemeteries challenged state statute exempting
church cemeteries from rules and regulations
174-EC
Madison v. Riter, 240 F.Supp.2d 566, W.D.Va., January 23, 2003 (NO.
CIV. 7:01CV00596)
Judgment Reversed by Madison v. Riter, 355 F.3d 310 (4th Cir.(Va.) Dec
08, 2003) (NO. 03-6362, 03-6363)
Judge Name and Court: Turk, W.D. Va.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Prisoner sought accommodation, but basis of denial was
defendant’s establishment challenge so is coded as EC
175-EC
Jocham v. Tuscola County, 239 F.Supp.2d 714, E.D.Mich., January 07,
2003 (NO. 01-10385-BC)
Judge Name and Court: Lawson, E.D. Mich.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to display of nativity creche in front of courthouse;
plaintiffs raise free exercise claim, but they do assert affirmatively their own
religious views or needs, do not seeking accommodation but instead to
enjoin the creche and the court recognizes that the free exercise claim adds
nothing to the essential establishment claim
176-EC
American Civil Liberties Union of Kentucky v. McCreary County,
Kentucky, 354 F.3d 438, 184 Ed. Law Rep. 67, 2003 Fed.App. 0447P,
C.A.6 (Ky.), December 18, 2003 (NO. 01-5935)
Rehearing en Banc Denied by American Civil Liberties Union of Kentucky
v. Mccreary County, Kentucky, 361 F.3d 928 (6th Cir.(Ky.) Mar 23,
2004) (NO. 01-5935)
Note: Judges concurring and dissenting from denial of rehearing are added
to panel votes
Judge Name and Court: Clay, 6th Cir.
COURT - 1
Author (WRITING) – 1 (panel)
Judge Name and Court: Gibbons, 6th Cir.
COURT - 1
Author (WRITING) – 1 (concurring) (panel)
Judge Name and Court: Martin, 6th Cir.
COURT - 1
Author (WRITING) – 0 (not panel)
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
--------------DISSENT:
Judge Name and Court: Ryan, 6th Cir.
COURT - 1
Author (WRITING) – 1 (panel)
Judge Name and Court: Boggs, 6th Cir.
COURT - 1
Author (WRITING) – 1 (dissenting from denial of rehearing)
Judge Name and Court: Batchelder, 6th Cir.
COURT - 1
Author (WRITING) – 0
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to display of Ten Commandments at courthouse
177-EC
Madison v. Riter, 355 F.3d 310, C.A.4 (Va.), December 08, 2003 (NO. 036362, 03-6363)
Judge Name and Court: Wilkinson, 4th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Michael, 4th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Duncan, 4th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Establishment challenge to RLUIPA
178-EC
Cutter v. Wilkinson, 349 F.3d 257, 2003 Fed.App. 0397P, C.A.6 (Ohio),
November 07, 2003 (NO. 02-3299, 02-3301, 02-3270)
Judge Name and Court: Gilman, 6th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Moore, 6th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Tarnow, E.D. Mich.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Establishment challenge to RLUIPA
179-EC
Charles v. Verhagen, 348 F.3d 601, C.A.7 (Wis.), October 30, 2003 (NO.
02-3572)
Judge Name and Court: Bauer, 7th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Coffey, 7th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Wood, Diane, 7th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Establishment challenge to RLUIPA
180-EC
Kong v. Scully, 341 F.3d 1132, Med & Med GD (CCH) P 301,400, 03 Cal.
Daily Op. Serv. 7990, 2003 Daily Journal D.A.R. 10,014, 2004 Daily
Journal D.A.R. 1385, C.A.9 (Cal.), September 02, 2003 (NO. 02-15057)
Judge Name and Court: Noonan, 9th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: McKeown, 9th Cir.
COURT - 1
Author (WRITING) – 1 (concurring)
Judge Name and Court: Rawlinson, 9th Cir.
COURT - 1
Author (WRITING) – 1 (concurring)
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to medicare/medicaid provision for payments for
nonmedical care for those whose religious tenents so require
181-EC
Doe ex rel. Doe v. School Dist. of City of Norfolk, 340 F.3d 605, 180 Ed.
Law Rep. 39, C.A.8 (Neb.), August 20, 2003 (NO. 02-4135)
Judge Name and Court: Bogue, D. S.D.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Riley, 8th Cir.
COURT - 1
Author (WRITING) – 1 (concurring)
EC-OUTCM - 0
Case – 6 (public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
-------------
DISSENT:
Judge Name and Court: Arnold, Morris, 8th Cir.
COURT - 1
Author (WRITING) – 1
EC-OUTCM - 1
Case – 6 (public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Complaint about school board member’s prayer at graudation
ceremony
182-EC
Glassroth v. Moore, 335 F.3d 1282, 16 Fla. L. Weekly Fed. C 803, C.A.11
(Ala.), July 01, 2003 (NO. 02-16708, 02-16949)
Judge Name and Court: Carnes, 11th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Edmondson, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Story, N.D. Ga.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to Ten Commandments monument in state judicial
building
183-EC
Freethought Soc. of Greater Philadelphia v. Chester County, 334 F.3d 247,
C.A.3 (Pa.), June 26, 2003 (NO. 02-1765)
Judge Name and Court: Becker, 3rd Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Bright, 8th Cir.
COURT - 1
Author (WRITING) – 1 (concurring)
Judge Name and Court: Barry, 3rd Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to Ten Commandments plaque at county courthouse
184-EC
Briggs v. Mississippi, 331 F.3d 499, C.A.5 (Miss.), June 03, 2003 (NO. 0260737)
Judge Name and Court: Garwood, 5th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Jolly, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Smith, 5th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to purported religious symbol in state flag
185-EC
King v. Richmond County, Ga., 331 F.3d 1271, 16 Fla. L. Weekly Fed. C
676, C.A.11 (Ga.), May 30, 2003 (NO. 02-14146)
Judge Name and Court: Kravitch, 11th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Edmondson, 11th Cir.
COURT - 1
Author (WRITING) – 1 (concurring)
Judge Name and Court: Gibson, 8th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to Ten Commandments on county clerk seal
186-EC
Mellen v. Bunting, 327 F.3d 355, 175 Ed. Law Rep. 467, C.A.4 (Va.), April
28, 2003 (NO. 02-1215, 02-1267)
Rehearing and Rehearing en Banc Denied by Mellen v. Bunting, 341 F.3d
312 (4th Cir. Aug 13, 2003) (NO. 02-1215, 02-1267)
Note: Judges dissenting from denial of rehearing are added as a dissent
Judge Name and Court: King, 4th Cir.
COURT - 1
Author (WRITING) – 1 (panel)
Judge Name and Court: Hamilton, 4th Cir.
COURT - 1
Author (WRITING) – 0 (panel)
Judge Name and Court: Greenberg, 3rd Cir.
COURT - 1
Author (WRITING) – 0 (panel)
EC-OUTCM - 1
Case – 5 (public higher education)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
----------------DISSENT (from denial of rehearing):
Judge Name and Court: Widener, 4th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Wilkinson, 4th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Niemeyer, 4th Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 0
Case – 5 (public higher education)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to supper prayer at military academy
187-EC
Freedom from Religion Foundation, Inc. v. McCallum, 324 F.3d 880, C.A.7
(Wis.), April 02, 2003 (NO. 02-3102)
Judge Name and Court: Posner, 7th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Ripple, 7th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Bauer, 7th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to state funding of half-way house with Christian
element
188-EC
Van Orden v. Perry, 351 F.3d 173, C.A.5 (Tex.), November 12, 2003 (NO.
02-51184)
Judge Name and Court: Higginbotham, Patrick, 5th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Stewart, 5th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Prado, 5th Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to Ten Commandments monument on statehouse
grounds
189-EC
Cole v. Maine School Administrative Dist. No. 1, 350 F.Supp.2d 143, 195
Ed. Law Rep. 130, D.Me., December 03, 2004 (NO. CIV. 03-205-B-W)
Judge Name and Court: Woodcock, D. Maine
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 3 (public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Teacher alleges violation of free speech and establishment
clauses by being precluded from teaching non-Christian religions; the
teacher’s own claim is not parallel to a free exercise claim, however, as he is
not himself religiously motivated but rather resists religious motivation of
others; although ruling is a denial of defendant’s motion for summary
judgment, the court sets out significant legal framework that supports the
viability of the teacher’s claim
190-EC
Osediacz v. City of Cranston ex rel. Rossi, 344 F.Supp.2d 799, D.R.I.,
November 15, 2004 (NO. C.A.03-600S)
Reversed by Osediacz v. City of Cranston, 414 F.3d 136 (1st Cir.(R.I.) Jul
06, 2005) (NO. 04-2673)
Judge Name and Court: Smith, D. R.I.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Establishment challenge to display of religious items at city hall;
although free speech claim raised as well, focus is on power of city to
decide what it included and not on any religious speech rights of the
claimants
191-EC
Jams v. U.S.I.N.S., 343 F.Supp.2d 338, D.N.J., November 10, 2004 (NO.
CIV.97-3093 DRD, CIV.98-1282 DRD)
Judge Name and Court: Debevoise, D. N.J.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Defendants challenge RFRA on establishment clause; although
plaintiffs raise RFRA claim, the only ruling here on RFRA is its meaning
and nothing on merits of RFRA claim
192-EC
Turner v. Hickman, 342 F.Supp.2d 887, E.D.Cal., September 30, 2004 (NO.
CIVS-99-1869 FCDKJMP)
Judge Name and Court: Damrell, E.D. Cal.
COURT - 0
Author (WRITING) – 0 (adopted magistrate judge’s report)
EC-OUTCM - 1
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Inmate objected to drug treatment program as religious
193-EC
Byar v. Lee, 336 F.Supp.2d 896, W.D.Ark., September 09, 2004 (NO.
CIV.03-5263)
Judge Name and Court: Hendren, W.D. Ark.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Prisoner challenged jail rules modeled on Ten Commandments
194-EC
Staley v. Harris County, Texas, 332 F.Supp.2d 1030, S.D.Tex., August 10,
2004 (NO. CIV.A. H-03-3411)
Judge Name and Court: Lake, S.D. Tex.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to display of Bible near courthouse
195-EC
American Jewish Congress v. Corporation for Nat. and Community Service,
323 F.Supp.2d 44, 190 Ed. Law Rep. 182, D.D.C., July 02, 2004 (NO.
CIV.A. 02-1948(GK))
Reversed by American Jewish Congress v. Corporation for Nat'l. and
Community Service, 399 F.3d 351, 365 U.S.App.D.C. 112, 195 Ed. Law
Rep. 733 (D.C.Cir. Mar 08, 2005) (NO. 02CV01948, 04-5317), rehearing en
banc denied (Jun 01, 2005)
Judge Name and Court: Kessler, D.D.C.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (Other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to national program allowing placement of teachers in
religious schools
196-EC
Lambeth v. Board of Com'rs of Davidson County, N.C., 321 F.Supp.2d 688,
M.D.N.C., May 25, 2004 (NO. 1:03 CV 00592)
Affirmed by Lambeth v. Board Of Commissioners Of Davidson County, NC,
407 F.3d 266 (4th Cir.(N.C.) May 13, 2005) (NO. 04-1753)
Judge Name and Court: Osteen, M.D. N.C.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 8 (religious symbol)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to “In God We Trust” on county governmental center
197-EC
Utah Gospel Mission v. Salt Lake City Corp., 316 F.Supp.2d 1201, D.Utah,
May 03, 2004 (NO. 2:03 CV 688 DAK)
Affirmed by Utah Gospel Mission v. Salt Lake City Corp., 425 F.3d
1249 (10th Cir.(Utah) Oct 03, 2005) (NO. 04-4113)
Judge Name and Court: Kimball, D. Utah
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Although religious organizations are among plaintiffs, the suit is
not to engage in religious speech as much as to invalidate the city’s sale of
pedestrian easement to church entirely and thus focus is establishment
clause
198-EC
Newdow v. Eagen, 309 F.Supp.2d 29, D.D.C., March 24, 2004 (NO.
CIV.A.02-01704(HHK))
Judge Name and Court: Kennedy, D.D.C.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 6 (prayer in public facilities)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to legislative prayer in Congress
199-EC
O'Connor v. Washburn University Bd. of Regents of Washburn University,
305 F.Supp.2d 1217, 186 Ed. Law Rep. 286, D.Kan., February 26, 2004
(NO. CIV.A. 04-4001-GTV)
Judgment Affirmed in Part, Vacated in Part by O'Connor v. Washburn
University, 416 F.3d 1216, 200 Ed. Law Rep. 80 (10th Cir.(Kan.) Jul 28,
2005) (NO. 04-3103)
Judge Name and Court: VanBebber, G. Thomas, D. Kan.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 5 (public higher education) (more specific than “religious symbols”)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: In unusual case for its effect on coding (but consistency of
course must prevail), challenge to display of sculpture on public campus as
hostile to Catholic Church
200-EC
Benning v. Georgia, 391 F.3d 1299, 18 Fla. L. Weekly Fed. C 61, C.A.11
(Ga.), December 02, 2004 (NO. 04-10979, 04-11044)
Judge Name and Court: Pryor, 11th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Edmonson, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Fay, 11th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to constitutionality of RLUIPA
201-EC
Modrovich v. Allegheny County, Pa., 385 F.3d 397, C.A.3 (Pa.), October
06, 2004 (NO. 03-3571)
Judge Name and Court: Fuentes, 3rd Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Smith, 3rd Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
-------------------DISSENT:
Judge Name and Court: Gibson, 8th Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to display of Ten Commandments at courthouse
202-EC
Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 34 Envtl. L. Rep. 20,085,
04 Cal. Daily Op. Serv. 8071, 2004 Daily Journal D.A.R. 10,876, C.A.9
(Ariz.), September 01, 2004 (NO. 03-15423)
Judge Name and Court: Fletcher, Betty, 9th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Trott, 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Fisher, 9th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to state policy prohibiting use of materials from butte
in construction
203-EC
Warnock v. Archer, 380 F.3d 1076, 150 Lab.Cas. P 59,894, 191 Ed. Law
Rep. 620, 21 IER Cases 1203, C.A.8 (Ark.), August 24, 2004 (NO. 02-3322,
03-1422)
Judge Name and Court: Arnold, Morris, 8th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: McMillian, 8th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Melloy, 8th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 6 (prayer in public meeting)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to prayer at public teacher meetings
204-EC
Rusk v. Crestview Local School Dist., 379 F.3d 418, 191 Ed. Law Rep. 84,
2004 Fed.App. 0267P, C.A.6 (Ohio), August 12, 2004 (NO. 02-3991)
Judge Name and Court: Cook, 6th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Batchelder, 6th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Gibbons, 6th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 3 (public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Establishment challenge to distribution of flyers at elementary
school on community events including religious ones
205-EC
Pierce ex rel. Pierce v. Sullivan West Central School Dist., 379 F.3d 56, 191
Ed. Law Rep. 36, C.A.2 (N.Y.), August 11, 2004 (NO. 03-9292)
Judge Name and Court: Walker, 2d Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Jacobs, 2d Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Stanceu, Court of Int’l Trade
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 3 (public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to release time from public schools for religious
instruction
206-EC
Wynne v. Town of Great Falls, South Carolina, 376 F.3d 292, C.A.4 (S.C.),
July 22, 2004 (NO. 03-2069)
Judge Name and Court: Motz, Diana, 4th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: King, 4th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Hansen, David, 8th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 6 (prayer in public facility)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to prayer at city council meeting
207-EC
American Civil Liberties Union of Ohio Foundation, Inc. v. Ashbrook, 375
F.3d 484, 2004 Fed.App. 0224P, C.A.6 (Ohio), July 14, 2004 (NO. 023667)
Judge Name and Court: Hood, E.D. Ky.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Cole, 6th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
---------------------DISSENT:
Judge Name and Court: Batchelder, 6th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to display of Ten Commandments by state judge
208-EC
Doe v. Porter, 370 F.3d 558, 58 Fed.R.Serv.3d 901, 188 Ed. Law Rep. 100,
2004 Fed.App. 0171P, C.A.6 (Tenn.), June 07, 2004 (NO. 02-5316, 025823)
Judge Name and Court: Cole, Guy, 6th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Clay, 6th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Quist, W.D. Mich.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 5 (public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to teaching of Bible as truth in public school
209-EC
Buono v. Norton, 371 F.3d 543, 04 Cal. Daily Op. Serv. 4873, 2004 Daily
Journal D.A.R. 6698, C.A.9 (Cal.), June 07, 2004 (NO. 03-55032)
Judge Name and Court: Kozinski, 9th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Nelson, T.G., 9th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Restani, Court of Int’l Trade
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to cross in national preserve
210-EC
Holloman ex rel. Holloman v. Harland, 370 F.3d 1252, 188 Ed. Law Rep.
620, 28 Fla. L. Weekly Fed. C 593, C.A.11 (Ala.), May 28, 2004 (NO. 0113864)
Judge Name and Court: Tjoflat, 11th Cir.
COURT - 1
Author (WRITING) – 1
Judge Name and Court: Wilson, 11th Cir.
COURT - 1
Author (WRITING) – 1 (concurring)
Judge Name and Court: Cowen, 3rd Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 4 (public secondary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Establishment challenge to prayer in class; student also asserts
free speech rights involving Pledge of Allegiance but not raised as religious
liberty claim or for religious reasons so included only in EC database
211-EC
Midrash Sephardi, Inc. v. Town of Surfside, 366 F.3d 1214, 17 Fla. L.
Weekly Fed. C 453, C.A.11 (Fla.), April 21, 2004 (NO. 03-13858)
Judge Name and Court: Wilson, 11th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Kravitch, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Goldberg, Court of Int’l Trade
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Establishment challenge to RLUIPA; included in both EC and
FE databases, as challenge to establishment clause raised by defendantgovernment
212-EC
U.S. v. Corum, 362 F.3d 489, C.A.8 (Minn.), April 05, 2004 (NO. 03-2497)
Judge Name and Court: Hovland, D. N.D.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Riley, 8th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Arnold, Richard, 8th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to Church Arson Prevention Act
213-EC
McGinley v. Houston, 361 F.3d 1328, 17 Fla. L. Weekly Fed. C 279,
C.A.11 (Ala.), March 05, 2004 (NO. 03-15005)
Judge Name and Court: Birch, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Dubina, 11th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Godbold, 11th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Odd case in which establishment challenge is raised to
compliance with earlier establishment ruling that Ten Commandments
monument must be removed; for consistency, it is coded the same as other
EC cases
214-EC
ACLU Nebraska Foundation v. City of Plattsmouth, Nebraska, 358 F.3d
1020, C.A.8 (Neb.), February 18, 2004 (NO. 02-2444)
On Rehearing en Banc ACLU Nebraska Foundation v. City of Plattsmouth,
Neb., 419 F.3d 772 (8th Cir.(Neb.) Aug 19, 2005) (NO. 02-2444)
Because two of the three judges on the panel (Bye and Bowman) participate
in the en banc hearing, found at 232-EC, they are not recorded there (other
than for panel effects purposes). Judge Richard Arnold is included here
alone as he died before the en banc decision
Judge Name and Court: Arnold, Richard, 8th Cir.
COURT - 1
Author (WRITING) – 1 (concurring)
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to Ten Commandments monument in city park
215-EC
Baker v. Adams County/Ohio Valley School Bd., 86 Fed.Appx. 104, 2004
WL 68523, 184 Ed. Law Rep. 745, (Not Selected for publication in the
Federal Reporter), C.A.6 (Ohio), January 12, 2004 (NO. 02-3776, 02-3777)
Judge Name and Court: Gilman, 6th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Norris, 6th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Bunning, E.D. Ky.
COURT - 1
Author (WRITING) - 0
EC-OUTCM – 1
Case – 4 (public secondary education) (more specific than “religious
symbols”)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to displays with Ten Commandments on school
grounds
216-EC
Brown v. Chandler, 111 Fed.Appx. 972, 2004 WL 2244492, (Not Selected
for publication in the Federal Reporter), C.A.10 (Okla.), October 06, 2004
(NO. 04-7024)
Judge Name and Court: Baldock, 10th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Anderson, 10th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Marten, D. Kan.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Prisoner complained that he was forced to participate in prayer
in sex offender treatment program
217-EC
Kitzmiller v. Dover Area School Dist., 400 F.Supp.2d 707, 205 Ed. Law
Rep. 250, M.D.Pa., December 20, 2005 (NO. 04CV2688)
Judge Name and Court: Jones, M.D. Pa.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 4 (public secondary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to intelligent design teaching in public high school
218-EC
Hinrichs v. Bosma, 400 F.Supp.2d 1103, S.D.Ind., November 30, 2005 (NO.
105CV0813DFHTAB)
Judge Name and Court: Hamilton, S.D. Ind.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 6 (prayer in public facility)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to prayer in Indiana legislature
219-EC
Twombly v. City of Fargo, 388 F.Supp.2d 983, D.N.D., September 29, 2005
(NO. A3-02-137)
Judge Name and Court: Erickson, D. N.D.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to Ten Commandments monument in city
220-EC
Newdow v. Congress of U.S., 383 F.Supp.2d 1229, 201 Ed. Law Rep. 915,
E.D.Cal., September 14, 2005 (NO. CIV. S-05-17LKK/DAD)
Judge Name and Court: Karlton, E.D. Cal.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 3 (public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to Pledge of Allegiance in elementary school and to
statute itself; confusing holding but ultimately says will issue injunction in
response to proper motion (which came later in 2005 WL 3144086 ) to
prevent school district’s practice of saying pledge
221-EC
Card v. City of Everett, 386 F.Supp.2d 1171, 26 A.L.R.6th 757, W.D.Wash.,
September 13, 2005 (NO. C03-2385L)
Judge Name and Court: Lasnik, W.D. Wash.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to Ten Commandments monument on city land
222-EC
Dobrich v. Walls, 380 F.Supp.2d 366, 201 Ed. Law Rep. 163, D.Del.,
August 02, 2005 (NO. CIV.A. 05-120-JJF)
Judge Name and Court: Farnan, D. Del.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 6 (prayer in public facility)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to prayer at various functions, but only ruling in this
case is on prayer at school board meetings, which is held not to violate
establishment clause
223-EC
Winkler v. Chicago School Reform Bd of Trustees, 382 F.Supp.2d 1040,
N.D.Ill., June 22, 2005 (NO. 99 C 2424)
Judge Name and Court: Manning, N.D. Ill.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Entering permanent injunction against aid by federal
government to Boy Scouts
224-EC
Chambers v. City of Frederick, 373 F.Supp.2d 567, D.Md., June 21, 2005
(NO. CIV. WDQ-03-1865)
Judge Name and Court: Quarles, D. Md.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to display of Ten Commandments on property
formerly owned by city
225-EC
Musgrove v. School Bd. of Brevard County, 608 F.Supp.2d 1303, M.D.Fla.,
May 18, 2005 (NO. 6:05-CV-747-ORL-22JG)
Judge Name and Court: Presnell, Gregory, M.D. Fla.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 4 (public secondary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to holding high school graduation in religious
institution with large cross; although suggesting plaintiffs had shown
likelihood of success on merits, court ultimately denies injunction (and no
subsequent history exists for the case)
226-EC
Henderson v. Berge, 362 F.Supp.2d 1030, W.D.Wis., March 31, 2005 (NO.
04-C-39-C)
Judge Name and Court: Crabb, W.D. Wis.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Prisoner challenged religious broadcasting in prison as violating
establishment
227-EC
Winn v. Hibbs, 361 F.Supp.2d 1117, 197 Ed. Law Rep. 103, D.Ariz., March
25, 2005 (NO. CIV. 00-0287-PHXEHC)
Judge Name and Court: Carroll, D. Ariz.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 1 (aid to private education)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to tuition tax credit including for religious schools
228-EC
Newdow v. Bush, 355 F.Supp.2d 265, D.D.C., January 14, 2005 (NO.
CIV.A. 04-2208(JDB))
Judge Name and Court: Bates, D.D.C.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 0
Case – 6 (religious prayer in public facility)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to clergy-led prayer at presidential inauguration;
although also raised free exercise challenge, the decision is coded only in
establishment database as free exercise challenge is tail of case, no plausible
argument existed that plaintiff’s religious exercise was affected and, indeed,
plaintiff was atheist
229-EC
Selman v. Cobb County School Dist., 390 F.Supp.2d 1286, 203 Ed. Law
Rep. 637, N.D.Ga., January 13, 2005 (NO. CIV.A.1:02-CV-2325-C)
Judge Name and Court: Cooper, N.D. Ga.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 3 (public elementary)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to sticker attached to biology textbooks in public
school on evolution
230-EC
Buono v. Norton, 364 F.Supp.2d 1175, C.D.Cal., April 08, 2005 (NO.
EDCV 01-216RTSGLX)
Judge Name and Court: Timlin, C.D. Cal.
COURT - 0
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: After earlier ruling that preservation of Latin Cross in national
preserve violated establishment clause, government transferred property to
veterans organization
231-EC
American Civil Liberties Union of Kentucky v. Mercer County, Ky., 432
F.3d 624, 2005 Fed.App. 0477P, C.A.6 (Ky.), December 20, 2005 (NO. 035142)
Note: Although judges did dissent from denial of rehearing en banc, that
dissent came in 2006, after the cases in this study
Judge Name and Court: Suhrheinrich, 6th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Batchelder, 6th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Rice, S.D. Ohio
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to display of Ten Commandments in courthouse
232-EC
ACLU Nebraska Foundation v. City of Plattsmouth, Neb., 419 F.3d 772,
C.A.8 (Neb.), August 19, 2005 (NO. 02-2444)
Judge Name and Court: Bowman, 8th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Wollman, 8th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Murphy, 8th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Riley, 8th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Melloy, 8th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Smith, 8th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Colloton, 8th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Gruender, 8th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Benton, 8th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
---------------------DISSENT:
Judge Name and Court: Bye, 8th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Arnold, Morriss, 8th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to Ten Commandments display in city park
233-EC
Myers v. Loudoun County Public Schools, 418 F.3d 395, 200 Ed. Law Rep.
581, C.A.4 (Va.), August 10, 2005 (NO. 03-1364)
Judge Name and Court: Williams, 4th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Duncan, 4th Cir.
COURT - 1
Author (WRITING) – 1 (concurring)
Judge Name and Court: Motz, 4th Cir.
COURT - 1
Author (WRITING) – 1 (concurring)
EC-OUTCM - 0
Case – 3 (public elementary)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to recitation of pledge of allegiance
234-EC
O'Connor v. Washburn University, 416 F.3d 1216, 200 Ed. Law Rep. 80,
C.A.10 (Kan.), July 28, 2005 (NO. 04-3103)
Judge Name and Court: Murphy, 10th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Baldock, 10th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Tymkovich, 10th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 5 (public higher education) (more specific than “religious symbols”)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: In unusual case for its effect on coding (but consistency of
course must prevail), challenge to display of sculpture on public campus as
hostile to Catholic Church
235-EC
Lambeth v. Board Of Commissioners Of Davidson County, NC, 407 F.3d
266, C.A.4 (N.C.), May 13, 2005 (NO. 04-1753)
Judge Name and Court: King, 4th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Widener, 4th Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Floyd, D.S.C.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to “In God We Trust” on county center
236-EC
Simpson v. Chesterfield County Bd. of Sup'rs, 404 F.3d 276, C.A.4 (Va.),
April 14, 2005 (NO. 04-1045, 04-1141)
Judge Name and Court: Wilkinson, 4th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Niemeyer, 4th Cir.
COURT - 1
Author (WRITING) – 1 (concurring)
Judge Name and Court: Williams, 4th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 6 (prayer)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to county board’s policy of invocations only from
Judeo-Christian or monotheistic religions; although free speech and free
exercise claims raised, those claims were non-viable as applied to
government speech and primary focus was establishment challenge
237-EC
Books v. Elkhart County, Ind., 401 F.3d 857, C.A.7 (Ind.), March 25, 2005
(NO. 04-2075)
Judge Name and Court: Sykes, 7th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Flaum, 7th Cir.
COURT - 1
Author (WRITING) - 1
Note: Judge Easterbrook dissents on standing and avoids merits
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to Ten Commandments display on county building
238-EC
American Jewish Congress v. Corporation for Nat'l. and Community
Service, 399 F.3d 351, 365 U.S.App.D.C. 112, 195 Ed. Law Rep. 733,
C.A.D.C., March 08, 2005 (NO. 04-5317, 02CV01948)
Judge Name and Court: Randolph, D.C. Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Edwards, D.C. Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Henderson, D.C. Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Challenge to national program allowing placement of teachers in
religious schools
239-EC
Mercier v. Fraternal Order of Eagles, 395 F.3d 693, C.A.7 (Wis.), January
03, 2005 (NO. 04-1524, 04-1321)
Judge Name and Court: Manion, 7th Cir.
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Kanne, 7th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 8 (religious symbols)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
-----------------------DISSENT:
Judge Name and Court: Bauer, 7th Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 1
Case – 8 (religious symbols)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Challenge to display of Ten Commandments on city property
and after sale to private group
240-EC
Bobko v. Lavan, 157 Fed.Appx. 516, 2005 WL 3304147, (Not Selected for
publication in the Federal Reporter), C.A.3 (Pa.), December 07, 2005 (NO.
05-3184)
Judge Name and Court: Roth, 3rd Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Barry, 3rd Cir.
COURT - 1
Author (WRITING) - 0
Judge Name and Court: Smith, 3rd Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
Summary: Prisoner challenged requirement to participate in religious-based
drug program
241-EC
Arnett v. Jackson, 393 F.3d 681, 2005 Fed.App. 0005P, C.A.6 (Ohio),
January 06, 2005 (NO. 03-4375)
Judge Name and Court: Matia, N.D. Ohio
COURT - 1
Author (WRITING) - 1
Judge Name and Court: Gilman, 6th Cir.
COURT - 1
Author (WRITING) - 0
EC-OUTCM - 0
Case – 9 (other)
PRO-RELG - 1
ANTI-POL - 0
JUD-REST - 1
PRO-SEC - 0
AGOST – 1
ZELMAN – 1
------------------
DISSENT:
Judge Name and Court: Clay, 6th Cir.
COURT - 1
Author (WRITING) - 1
EC-OUTCM - 1
Case – 9 (other)
PRO-RELG - 0
ANTI-POL - 1
JUD-REST - 0
PRO-SEC - 1
AGOST – 1
ZELMAN – 1
Summary: Close question on whether to include; trial judge made religious
references in sentencing; although the establishment clause/First
Amendment claim had been waived, the focus is on the propriety of any
religious influence in the sentencing and the due process argument appears
directly parallel to the establishment claim