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WEISMAN v. LEE

Civ. A. No. 89-0377B.

728 F.Supp. 68 (1990)

Daniel WEISMAN, personally and as next friend of Deborah Weisman v. Robert E. LEE, individually and as principal of the Nathan Bishop Middle School; Thomas Mezzanotte, individually and as principal of Classical High School; Joseph Almagno, individually and as Superintendent of the Providence School Department; Vincent McWilliams; Robert DeRobbio; Mary Batastini; Albert Lepore; Roosevelt Benton; Mary Smith Anthony Caprio; Bruce Sundlun and Roberto Gonzalez, individually and as members of the Providence School Committee.

United States District Court, D. Rhode Island.

January 9, 1990.

Attorney(s) appearing for the Case

Sandra A. Blanding, Revens & DeLuca, Ltd., Warwick, R.I., for plaintiffs.

Joseph A. Rotella, Providence, R.I., for defendants.

Amy Adelson, Lois Waldman, Marc D. Stern, Jeremy S. Garber, New York City, amicus curiae for American Jewish Congress.

OPINION

FRANCIS J. BOYLE, Chief Judge.

The issue presented is whether a benediction or invocation which invokes a deity delivered by clergy at an annual public school graduation ceremony violates the first amendment of the United States constitution. This Court finds that because a deity is invoked, the practice is unconstitutional under the Establishment Clause of the first amendment as construed by the United States Supreme Court.

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