Opinion

Doe ex rel. Doe v. Beaumont Independent School District

  • 173 F.3d 274
Court
Court of Appeals for the Fifth Circuit
Filed
Apr 16, 1999
Status
Published
On the bench
Barksdale, Benavides, Davis, Demoss, Dennis, Garza, Higginbotham, Jolly, Jones, King, Parker, Politz, Smith, Stewart, Wiener
Cited by
10 cases

stating that an alternative to the Lemon test, "which the Court set forth in Lee, is the so-called `Coercion Test,' under which school-sponsored religious activity is analyzed to determine the extent, if any, of its coercive effect on students"

How later courts described this case

  • stating that an alternative to the Lemon test, "which the Court set forth in Lee, is the so-called `Coercion Test,' under which school-sponsored religious activity is analyzed to determine the extent, if any, of its coercive effect on students"
  • viewing the Lemon test, the endorsement test, and the coercion test as separate methods by which an Establishment Clause violation can be found
  • analyzing school district’s “Clergy in Schools” volunteer counseling program utilizing Lemon, endorsement, and coercion tests
  • “plaintiffs bear the burden of proof on., their Establishment Clause claim”

Written by the judges who cited it.

The opinion

ORDER ON REHEARING

June 21, 1999

BY THE COURT:

A member of the Court in active service having requested a poll on the petition for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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