Court of Appeals for the First Circuit

Daniel Weisman, Etc. v. Robert E. Lee

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

July 23, 1990 · Docket 90-1151

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Opinion

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.