800
Syllabus
Breyer, J., joined, post, p. 836. Souter, J., filed a dissenting opinion, in which Stevens and Ginsburg, JJ., joined, post, p. 867.
Michael W. McConnell argued the cause for petitioners. With him on the briefs were Patricia A. Dean, Andrew T. Karron, John C. Massaro, and Steffen N. Johnson.
Deputy Solicitor General Underwood argued the cause for respondents. With her on the briefs were Solicitor General Waxman, Acting Assistant Attorney General Ogden, Paul R. Q. Wolfson, Michael Jay Singer, and Howard S. Scher. Lee Boothby argued the cause for respondents. With him on the brief was Nicholas P. Miller.*
*Briefs of amici curiae urging reversal were filed for the State of Ohio et al. by Betty D. Montgomery, Attorney General of Ohio, Edward B. Foley, State Solicitor, Robert C. Maier, Assistant Solicitor, and by the Attorneys General for their respective States as follows: Ken Salazar of Colorado, Robert A. Butterworth of Florida, James E. Ryan of Illinois, Thomas J. Miller of Iowa, Carla J. Stovall of Kansas, Richard P. Ieyoub of Louisiana, Jennifer M. Granholm of Michigan, Mike Moore of Mississippi, Don Stenberg of Nebraska, John J. Farmer, Jr., of New Jersey, Charles M. Condon of South Carolina, and Mark L. Earley of Virginia; for the City of New York et al. by Michael D. Hess, Leonard J. Koerner, and Edward F. X. Hart; for the American Center for Law and Justice by Jay Alan Sekulow, John P. Tuskey, Walter W. Weber, Colby M. May, and Vincent P. McCarthy; for the Arizona Council for Academic Private Education et al. by Edward McGlynn Gaffney, Jr., and David J. Hessler; for the AVI CHAI Foundation by Nathan Lewin, Julia E. Guttman, and Jody Manier Kris; for the Becket Fund for Religious Liberty by Kevin J. Hasson and Eric W. Treene; for the Catholic League for Religious and Civil Rights by Robert P. George; for the Knights of Columbus by Kevin T. Baine and Emmet T. Flood; for the United States Catholic Conference by Mark E. Chopko, John A. Liekweg, and Jeffrey Hunter Moon; and for the Washington Legal Foundation by Daniel J. Popeo and R. Shawn Gunnarson.
Briefs of amici curiae urging affirmance were filed for the American Civil Liberties Union et al. by Drew S. Days III, Anthony M. Radice, Lev L. Dassin, and Laura R. Taichman; for the Baptist Joint Committee on Public Affairs by Melissa Rogers and J. Brent Walker; for the Interfaith Religious Liberty Foundation et al. by Derek Davis and Alan J. Reinach; for the National Committee for Public Education and Religious Liberty et al. by Marshall Beil and Philip Goldstein; for the National Education
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