Doe

Doe v. Madison School District No. 321

Good Law
177 F.3d 789·99 Daily Journal DAR 4775·1999 WL 317050·1999 U.S. App. LEXIS 9723·99 Cal. Daily Op. Serv. 3661
United States Court of Appeals for the Ninth CircuitMay 19, 1999No. 97-35642California4,462 words

Opinion

Lead Opinion

Graber, J.

In this Establishment Clause challenge to a school district’s policy of permitting student prayers at high school graduations, we hold that plaintiffs lack standing and that this case presents no live controversy. We therefore vacate the district court’s decision and direct the district court to dismiss the complaint.

*792 FACTUAL AND PROCEDURAL BACKGROUND

On November 16,1990, two families filed this action alleging that defendants’ longstanding policy of sponsoring prayers at their high school’s graduation ceremonies violated the Establishment Clause of the First Amendment. See Doe v. Madison School Dist. No. 321, 7 F.Supp.2d 1110, 1113 (D.Idaho 1997). The complaint alleged that the children had standing to challenge the school’s policy because they were students in defendants’ school district. The complaint also alleged that their parents had standing to challenge the policy because they were taxpayers. The complaint requested declaratory and in-junctive relief, but did not request damages. See id.

On March 18, 1991, the United States Supreme Court granted certiorari in a graduation prayer case. See Lee v. Weisman, 499 U.S. 918 , 111 S.Ct. 1305 , 113 L.Ed.2d 240 (1991).…

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