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RING v. GRAND FORKS PUBLIC SCH. DIST. NO. 1

Civ. No. A2-79-93.

483 F.Supp. 272 (1980)

Benjamin A. RING; George H. Frein, on his own behalf and on behalf of Mark Frein, his minor child; Cynthia Hoekstra, on her own behalf and on behalf of Curtis and Christine Hoekstra, her minor children; and James McKenzie, on his own behalf and on behalf of John and Catherine McKenzie, his minor children, Plaintiffs, v. GRAND FORKS PUBLIC SCHOOL DISTRICT NUMBER 1, a public corporation; Dr. Raymond Fischer, Jack Kramer, F. John Marshall, Barbara Norby, Niomi Phillips, Michael Polovitz, Dr. D. Jerome Tweton, Gerald F. Hammerlik, in their official capacities as members of the School Board, Defendants.

United States District Court, North Dakota, Northeastern Division.

January 28, 1980.

Attorney(s) appearing for the Case

Robert Vogel, Grand Forks, N.D., Stephen L. Pevar, American Civil Liberties Union, Denver, Colo., for plaintiffs.

David Kessler, Grand Forks, N.D., for amicus curiae American Jewish Congress, Synagogue Council of America, National Jewish Community Relations Council; Leo Pfeffer and Victoria B. Eiger, New York City, of counsel.

Gary R. Thune, Shaft, McConn, Fisher & Thune, Grand Forks, N.D., for all defendants.

Murray G. Sagsveen, Sol., Bismarck, N.D., for State of North Dakota, intervenor.

ORDER

BENSON, Chief Judge.

Plaintiffs in the above entitled action seek declaratory and injunctive relief against the operation and enforcement of North Dakota's Ten Commandments Law, N.D.Cent.Code § 15-47-10. They allege that the statute violates both the Establishment Clause and the Free Exercise Clause in contravention of the First and Fourteenth Amendments of the United States Constitution. The case...

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