NORTH CAROLINA CIVIL LIBERTIES UNION LEGAL FOUNDATION, Philip F. Howerton, Jr., Kathleen M. Arundell, Sharon Samek, Ronald Everhart, James Gronquist, Plaintiffs-Appellees,
v.
H. William CONSTANGY, Defendant-Appellant.
The Catholic League for Religious and Civil Rights, the Rutherford Institute, Concerned Women for America Legal Foundation, the American Jewish Congress, the Anti-Defamation League, Amici Curiae (Two Cases).
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued May 6, 1991.
Decided October 23, 1991.
As Amended November 21, 1991.
Attorney(s) appearing for the Case
Norma S. Harrell, Special Deputy Atty. Gen., Raleigh, N.C., Robert Adams Singer, Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, N.C., argued (Lacy H. Thornburg, Atty. Gen. of N.C., Raleigh, N.C., James Thomas Williams, Jr., Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, N.C., on the brief), for defendant-appellant.
George Daly, Charlotte, N.C., argued (Charles E. Johnson, Moore & Van Allen, James Wyatt, Charlotte, N.C., William Simpson, Legal Director, North Carolina Civil Liberties Union Legal Foundation, Inc., Raleigh, N.C., on the brief), for plaintiffs-appellees.
Jay Alan Sekulow, James M. Henderson, Sr., Walter Weber, Free Speech Advocates, Washington, D.C., Mark N. Troobnick, Jordan W. Lorence, Cimron Campbell, Concerned Women for America, Washington, D.C., for amicus curiae Concerned Women for America Legal Foundation.
Larry L. Crain, Brentwood, Tennessee, for amicus curiae The Rutherford Institute.
Douglas W. Davis, Virginia Beach, Va., Stephen H. Galebach, Gen. Counsel, Catholic League for Religious and Civil Rights, Washington, D.C., Thomas Patrick Monaghan, New Hope, Ky., Charles E. Rice, Notre Dame Law School, Notre Dame, Ind., for amicus curiae The Catholic League for Religious and Civil Rights.
Marc D. Stern, Amy Adelson, Lois C. Waldman, American Jewish Congress, New York City, for amicus curiae The American Jewish Congress.
Murray J. Janus, Bremner, Baber & Janus, Richmond, Va., Ruth L. Lansner, Jeffrey P. Sinensky, Steven M. Freeman, Tamar Sadeh Ellison, Anti-Defamation League, New York City, for amicus curiae AntiDefamation League.
Before MURNAGHAN and SPROUSE, Circuit Judges, and MURRAY, Senior District Judge for the District of Maryland, sitting by designation.
United States Court of Appeals, Fourth Circuit.
OPINION
HERBERT F. MURRAY, Senior District Judge:
Plaintiffs, the North Carolina Civil Liberties Union and several individual attorneys, brought this Establishment Clause challenge against the Honorable H. William Constangy, a judge of the TwentySixth Judicial District of North Carolina, to permanently enjoin him from opening court with prayer. After a bench trial, the district court enjoined the prayer, ruling that Judge Constangy's practice violated the...
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