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Doe v. Duncanville Independent School District

United States Court of Appeals for the Fifth Circuit
70 F.3d 402 (1995)


Facts

The Duncanville Independent School District (the district) (defendant) had a choir program in its middle and high school. Jane Doe (plaintiff) joined the choir in the seventh grade. In seventh and eighth grade, Doe was required to sing a Christian song, Go Ye Now in Peace, as the choir’s theme song. In ninth grade, Doe was required to sing the high school choir’s Christian theme song, The Lord Bless You and Keep You. This theme song was sung every Friday at the end of class, at the end of performances, and on the bus on the way home from performances. The high school theme song had been in place for 20 years. Doe sued the district, alleging a violation of the Establishment Clause of the First Amendment. The district court ruled in favor of Doe and enjoined the district from using songs with religious content as theme songs for the choir. The district appealed to the United States Court of Appeals for the Fifth Circuit.

Rule of Law

Issue

Holding and Reasoning (Davis, J.)

Dissent (Mahon, J.)

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