Jaffree v. James, Civ. A. No. 82-0792-H.
Decision Date | 14 January 1983 |
Docket Number | Civ. A. No. 82-0792-H. |
Citation | 554 F. Supp. 1130 |
Parties | Ishmael JAFFREE, et al., Plaintiffs, v. Fob JAMES, in his official capacities as Governor of the State of Alabama and ex officio member of the State Board of Education; Charles Graddick, in his official capacity as Attorney General for the State of Alabama; John Tyson, Jr., Ron Creel, S.A. Cherry, Ralph Higginbotham, Victor P. Poole, Harold C. Martin, James B. Allen, Jr., and Roscoe Roberts, Jr., in their official capacities as members of the Alabama State Board of Education, Defendants. |
Court | U.S. District Court — Southern District of Alabama |
Ronnie L. Williams, Mobile, Ala., for plaintiffs.
Anne Neamon, pro se and for petitioners as Friend of Court Citizens for God and Country.
Fob James, III, pro se.
Charles S. Coody, Counsel Director, Div. of Legal Services, Dept. of Education, Montgomery, Ala., for defendants, Tyson, Creel, Cherry, Higginbotham, Poole, Martin, Allen and Roberts.
Bob Sherling, Mobile, Ala., for intervenors.
Maury D. Smith, David R. Boyd, Montgomery, Ala., for Gov. James.
The complaint in this case challenges Senate Bill 8, Alabama Act 82-735, popularly known as "the Prayer Law", Senate Bill 61 (1982), Ala.Code § 16-1-20 (silent meditation), and Ala.Code § 16-1-22.1.
The complaint in this case alleges that Senate Bill 61 (1982), Senate Bill 8 (1982) and Ala.Code § 16-1-20.1 violate the rights of the plaintiffs to be free from the state endorsement and establishment of any religion.
Senate Bill 61 (1982) provides:
Senate Bill 8 (1982) provides as follows:
Ala.Code Section 16-1-20.1 provides:
At the commencement of the first class of each day in all grades in all public schools, the teacher in charge of the room in which each such class is held may announce that a period of silence not to exceed one minute in duration shall be observed for meditation or voluntary prayer, and during any such period no other activity shall be engaged in.
The state laws are challenged under two separate theories. First, the laws are attacked as being violative of the first amendment to the United States Constitution. The first amendment provides in part that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...." U.S. Const. Amend. I.
The second basis for attacking the laws rests upon a pendent, state-law claim. The amended complaint alleges that the laws in question...
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