Bacus

Bacus v. Palo Verde Unified School District Board of Education

Good Law
52 F. App'x 355
United States Court of Appeals for the Ninth CircuitDecember 3, 2002No. 99-57020; D.C. No. CV-98-00001-RJTCalifornia815 words

Opinion

Lead Opinion

MEMORANDUM *

The school board and officials argue that the teachers who brought suit lack standing to represent students and claim no harm to themselves other than a general grievance about governmental conduct affecting all citizens. We need not consider the argument that the teachers lack standing to make claims on behlaf of their students, because they plainly have standing to make their claims on their own behalf. The teachers have sufficiently shown injury in fact because as teachers in the community, and as president of the teachers’ association and president of the teachers’ union, they have reason to and do regularly attend the school board meetings where the invocations they claim violate the Constitution are recited. As attendees at the meetings, they have, if the prayers are unconstitutional, suffered “injury in fact” “fairly traceable” to the challenged conduct that “would be redressed” by the declaratory and injunctive relief they seek. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992).

We need not determine whether prayers at school board meetings are more like prayers in state legislatures, as in Marsh v. Chambers, 463…

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