Wednesday, June 30, 2004

Split panel reversed denial of preliminary injunction in public forum case brought by religious group

In the case of Child Evangelism Fellowship of Maryland, Inc. v. Montgomery County Public Schools, the Fourth Circuit in an opinion by Judge Motz, joined by Judge Shedd with Judge Michael dissenting, held that the district court erred in denying a preliminary injunction against a local school system where the plaintiffs sought access to the school's "take-home flyer forum." The majority thought that even though the plaintiffs were some sort of religious outfit, their use of the public forum would not violate the Establishment Clause. In dissent, Judge Michael disagreed on the Establishment Clause issue.

This is a very complicated question, and it would not surprise if the case was reheard en banc.

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