Third Circuit -- Jane Doe v. Indian River School District

Jane Doe v. Indian River School District

Given the potential for coercion and the purpose and character of the board, invocations at school board meetings are assessed under Lee's prayer-in-schools framework as opposed to Marsh's legislative-exception framework.

Under the Lemon test - policy TKO'd as its primary purpose is to advance religion and it fosters excessive entanglement.  (Court declines to decide whether solemnification is a viable secular purpose).

Endorsement test held to be identical to the second prong of the Lemon test.

Summary judgment to appellants.