Andrea Metzl v. Robert Leininger, State Superintendent of Education

57 F.3d 618, 32 Fed. R. Serv. 3d 507, 1995 U.S. App. LEXIS 15097, 1995 WL 364017
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 19, 1995
Docket94-2563
StatusPublished
Cited by72 cases

This text of 57 F.3d 618 (Andrea Metzl v. Robert Leininger, State Superintendent of Education) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Andrea Metzl v. Robert Leininger, State Superintendent of Education, 57 F.3d 618, 32 Fed. R. Serv. 3d 507, 1995 U.S. App. LEXIS 15097, 1995 WL 364017 (7th Cir. 1995).

Opinions

POSNER, Chief Judge.

Christians believe that Jesus Christ was crucified on a Friday afternoon in the spring and that he rose from the dead the following Sunday. The crucifixion is commemorated on Good Friday, the resurrection on Easter Sunday. In 1941 Illinois made Good Friday a state holiday; state facilities, including schools (but not colleges or universities), were to be closed on that day. There is no contemporaneous legislative history but in the following year the governor of Illinois explained in a proclamation that Good Friday “is a day charged with special meaning to multitudes throughout the Christian world” and that Illinois had “lately given statutory recognition” to Good Friday by making it a “legal and school holiday throughout the State.” He “commend[ed] the sacred rites and ceremonies of the occasion to thoughtful consideration of churchgoers and believers throughout our State.” In 1989, the Illinois legislature rescinded Good Friday as a state holiday but retained it as a school holiday, and so it remains. 105 ILCS § 5/24-2. All public schools (below the college level) in the state are closed that day but the teachers are paid just as for other holidays. Schoolchildren are excused from attending school on other days if their religion requires their absence, 105 ILCS §§ 5/26-1, 5/26 — 2b; this alone scotches any argument that the law challenged in this case is necessary to accommodate the religious needs of Christian students in Illinois. And some school districts, apparently without thereby violating any state law, close for major Jewish holidays. But apart from Christmas and Thanksgiving, Good Friday is the only holiday of religious origin or character on which all the public schools of the state are closed, by virtue of the statute here attacked in a suit under 42 U.S.C. § 1983 by a public school teacher who objects, among other things, to the use of public funds derived from taxes that she pays to pay teachers for the Good Friday holiday. Her status as a taxpayer gives her standing to attack a practice, that of making Good Friday a paid school holiday, which her taxes support. Flast v. Cohen, 392 U.S. 83, 105-06, 88 S.Ct. 1942, 1955, 20 L.Ed.2d 947 (1968); Gonzales v. North Township, 4 F.3d 1412, 1416 (7th Cir.1993).

The district judge granted summary judgment for the plaintiff on the ground that the statute is an establishment of religion, and issued a permanent injunction, which has not been stayed and therefore was in force this past Good Friday, against enforcing the statute. 850 F.Supp. 740 (N.D.Ill.1994). Although the injunction is not set forth in a separate document, as Fed.R.Civ.P. 65(d) requires, but rather in the body of the judge’s opinion, 850 F.Supp. at 750, our jurisdiction of the appeal is secure. The command in the opinion is unequivocal, and the defendant (the state superintendent of education — effectively, the state) has acknowledged that he can be held in contempt if he disobeys it. It is therefore not a nullity despite the failure to comply with Rule 65(d), so the defendant has standing to appeal. Original Great American Chocolate Chip Cookie Co. v. River Valley Cookies, Ltd., 970 F.2d 273, 276 (7th Cir.1992).

What is more, the district judge issued a declaratory judgment as well as an injunction, and a declaratory judgment is appealable without regard to Rule 65(d). Abbs v. Sullivan, 963 F.2d 918, 923-24 (7th Cir.1992); Gjertsen v. Board of Election Commissioners, 751 F.2d 199, 201 (7th Cir.1984). It is true that like any other sort of judgment a declaratory judgment is supposed to be set forth in a separate document from the opinion. American Inter-Fidelity Exchange v. American Re-Insurance Co., 17 F.3d 1018, 1020 (7th Cir.1994). Rule 58 so requires. But violations of Rule 58 are not jurisdictional. Bankers Trust Co. v. Mallis, 435 U.S. 381, 98 S.Ct. 1117, 55 L.Ed.2d 357 (1978) (per curiam); Abbs v. Sullivan, supra, 963 F.2d at 923. Occasional statements suggesting that declaratory judgments are not [620]*620appealable unless entered in conformity with Rule 58, such as “if the opinion contains language awarding declaratory relief, but the judgment does not, the opinion has been reduced to dictum,” and hence has no force, Bethune Plaza, Inc. v. Lumpkin, 863 F.2d 525, 527 (7th Cir.1988); see also Bates v. Johnson, 901 F.2d 1424, 1428 (7th Cir.1990), must like all legal generalizations be considered in their context. If it is plain what the judgment declares (as was not the case in Azeez v. Fairman, 795 F.2d 1296, 1297 (7th Cir.1986), leading us to conclude that there was no declaratory judgment before us) and it is also plain that the district court is finished with the case, then, even if Rule 58 has not been complied with, there is appellate jurisdiction.

We turn to the merits. When the Bill of Rights, which in the First Amendment forbids Congress to establish a church, was promulgated, there were established churches in several of the states, as there was, of course, in England and as there are to this day there and in most other European countries. An established church is one that is supported by taxes. What Illinois has done in closing the public schools on Good Friday is remote from the eighteenth-century, or for that matter the modern nonlawyer’s, conception of creating or operating an established church. But in modem times the courts have interpreted the establishment clause to forbid government — state and local as well as federal — to promote one religion at the expense of others (or even religion in general at the expense of non-belief). Board of Education v. Grumet, — U.S. -, -, 114 S.Ct. 2481, 2487, 129 L.Ed.2d 546 (1994); County of Allegheny v. American Civil Liberties Union, 492 U.S. 573, 605, 109 S.Ct. 3086, 3107, 106 L.Ed.2d 472 (1989); American Civil Liberties Union v. City of St. Charles, 794 F.2d 265, 270 (7th Cir.1986). This principle is qualified, however. As the cases upholding Sunday closing laws (of which more shortly) show, as well as Lynch v. Donnelly, 465 U.S. 668, 104 S.Ct. 1355, 79 L.Ed.2d 604 (1984), which permitted a city to exhibit a créche (a scene depicting the birth of Jesus Christ in a manger) as part of a Christmas display, a law that promotes religion may nevertheless be upheld either because of the secular purposes that the law also serves or because the effect in promoting religion is too attenuated to worry about. The law may also be defensible as an accommodation of the rights of religious persons to the free exercise of their religion.

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Bluebook (online)
57 F.3d 618, 32 Fed. R. Serv. 3d 507, 1995 U.S. App. LEXIS 15097, 1995 WL 364017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrea-metzl-v-robert-leininger-state-superintendent-of-education-ca7-1995.