Cite as: 533 U. S. 98 (2001)
Syllabus
Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Kennedy, JJ., joined, and in which Breyer, JJ., joined in part. Scalia, J., filed a concurring opinion, post, p. 120. Breyer, J., filed an opinion concurring in part, post, p. 127. Stevens, J., filed a dissenting opinion, post, p. 130. Souter, J., filed a dissenting opinion, in which Ginsburg, J., joined, post, p. 134.
Thomas Marcelle argued the cause for petitioners. With him on the briefs were John W. Whitehead and Steven H. Aden.
Frank W. Miller argued the cause for respondent. With him on the brief were Benjamin J. Ferrara and Norman H. Gross.*
*Briefs of amici curiae urging reversal were filed for the State of Alabama et al. by Bill Pryor, Attorney General of Alabama, Margaret L. Fleming, John J. Park, Jr., and Charles B. Campbell, Assistant Attorneys General, and by the Attorneys General for their respective States as follows: Thomas J. Miller of Iowa, Richard P. Ieyoub of Louisiana, Mike Moore of Mississippi, Don Stenberg of Nebraska, Betty D. Montgomery of Ohio, Charles M. Condon of South Carolina, Paul G. Summers of Tennessee, John Cornyn of Texas, Jan Graham of Utah, and Mark L. Earley of Virginia; for the American Center for Law & Justice et al. by Jay Alan Sekulow, Colby M. May, James M. Henderson, Sr., Walter M. Weber, Paul D. Clement, and Jeffrey S. Bucholtz; for Child Evangelism Fellowship, Inc., et al. by Herbert G. Grey, Darren C. Walker, Gregory S. Baylor, and Kimberlee Wood Colby; for the Christian Legal Society et al. by Carl H. Esbeck and Nathan J. Diament; for the Liberty Legal Institute by Viet D. Dinh, John L. Carter, and Kelly Shackelford; for the National Council of Churches et al. by Carter G. Phillips, Gene C. Schaerr, and Nicholas P. Miller; for the National Jewish Commission on Law and Public Affairs by Nathan Lewin, Dennis Rapps, and David Zwiebel; for the Northstar Legal Center et al. by Jordan W. Lorence and Joseph Infranco; for the Solidarity Center for Law and Justice, P. C., by James P. Kelly III; for Wallbuilders, Inc., by Barry C. Hodge; for Sally Campbell by Brett M. Kavanaugh and Stuart J. Roth; for Carol Hood by Kevin J. Hasson, Eric W. Treene, Roman P. Storzer, and Anthony R. Picarello, Jr.; for Douglas Laycock by Mr. Laycock, pro se; and for 20 Theologians and Scholars of Religion by Michael W. McConnell and Steffen N. Johnson.
Briefs of amici curiae urging affirmance were filed for the American Jewish Congress by Mark D. Stern; for Americans United for Separation
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