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MOSS v. SPARTANBURG COUNTY SCHOOL DIST. NO. 7

C.A. No. 7:09-1586-HMH.

775 F.Supp.2d 858 (2011)

Robert MOSS, individually and as general guardian of his minor child; Ellen Tillett, individually and as a general guardian of her minor child; The Freedom From Religion Foundation, Inc.; Melissa Moss, Plaintiffs, v. SPARTANBURG COUNTY SCHOOL DISTRICT NO. 7, a South Carolina body politic and corporate, Defendant.

United States District Court, D. South Carolina, Spartanburg Division.

April 5, 2011.

Attorney(s) appearing for the Case

Aaron J. Kozloski, Capitol Counsel, Columbia, SC, George Daly, Charlotte, NC, for Plaintiffs.

Eric Nieuwenhuis Kniffin, Eric Christopher Rassbach, Lori Halstead Windham, Becket Fund for Religious Liberty, Washington, DC, Kenneth Eugene Darr, Jr., Lyles Darr and Clark, Spartanburg, SC, James Emory Smith, Jr., SC Attorney General's Office, Columbia, SC, for Defendants.

OPINION AND ORDER

HENRY M. HERLONG, JR., Senior District Judge.

In this declaratory judgment action, Plaintiffs challenge the constitutionality of a public school's policy of conferring academic credit to high school students for off-campus religious instruction. Plaintiffs contend that such a policy, as adopted and implemented by Spartanburg County School District No. 7 (the "School District"), is repugnant to the Establishment Clause of the First Amendment...

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