Daniel Weisman, Etc. v. Robert E. Lee

First Circuit

Daniel Weisman, Etc. v. Robert E. Lee

908 F.2d 1090, 1990 U.S. App. LEXIS 12275, 1990 WL 101577

Court of Appeals for the First Circuit·Decided July 23, 1990·No. 90-1151·Published·Cited by 33 cases

Opinions

TORRUELLA, Circuit Judge.

This is an appeal from the United States District Court for the District of Rhode Island. The issue presented for review is whether a benediction invoking a deity delivered by a member of the clergy at an annual public school graduation violates the Establishment Clause of the First Amendment of the Constitution as construed by the Supreme Court under the second prong of the Lemon test. See Lemon v. Kurtzman, 403 U.S. 602, 612-13, 91 S.Ct. 2105, 2111-12, 29 L.Ed.2d 745 (1971). The district court held that it did. 728 F.Supp. 68 (D.R.I.1990).

We are in agreement with the sound and pellucid opinion of the district court and see no reason to elaborate further.

Affirmed.

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TORRUELLA, Circuit Judge.

This is an appeal from the United States District Court for the District of Rhode Island. The issue presented for review is whether a benediction invoking a deity delivered by a member of the clergy at an annual public school graduation violates the Establishment Clause of the First Amendment of the Constitution as construed by the Supreme Court under the second prong of the Lemon test. See Lemon v. Kurtzman, 403 U.S. 602, 612-13, 91 S.Ct. 2105, 2111-12, 29 L.Ed.2d 745 (1971). The district court held that it did. 728 F.Supp. 68 (D.R.I.1990).

We are in agreement with the sound and pellucid opinion of the district court and see no reason to elaborate further.

Affirmed.

Daniel Weisman, Etc. v. Robert E. Lee, 908 F.2d 1090, 1990 U.S. App. LEXIS 12275, 1990 WL 101577 (1st Cir. 1990).

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