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SOCIETY OF SEPARATIONISTS, INC. v. CLEMENTS

Civ. A. No. A-87-CA-841.

677 F.Supp. 509 (1988)

SOCIETY OF SEPARATIONISTS, INC. and John Doe, an employee of the State of Texas and a member of the Society of Separationists, Inc., Plaintiffs, v. William P. CLEMENTS, Governor of the State of Texas and the Capitol Chapters of the Texas Public Employees Association, Defendants.

United States District Court, W.D. Texas, Austin Division.

January 13, 1988.

Attorney(s) appearing for the Case

John W. Vinson, Austin, Tex., for plaintiffs.

Cynthia Riley Alksne, Asst. Atty. Gen., Austin, Tex., for defendants.

ORDER

WALTER S. SMITH, Jr., District Judge.

The Plaintiffs move this Court to issue a preliminary injunction enjoining the singing of religious Christmas carols at a holiday program to be held in the Rotunda of the Texas State Capitol Building claiming that the caroling would be a violation of the Establishment Clause of the first amendment. Defendants argue that the purpose of the program is primarily secular and any benefit it may confer on a particular...

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