1	Pro se pleadings are held to a less stringent standard than those drafted by lawyers.
2	Haines v. Kerner. 404 U.S. 519, 520-21, 92 S. Ct. 594, 595-96 (1972). Unless it is clear that no
3	amendment can cure its defects, a pro .sc litigant i.s entitled to notice and an opportunity to amend
4	the complaint before dismissal. See Lopez v. Smith. 203 F.3d 1122, 1127-28 (9th Cir.2000) (en
5	bane); Noll v. Carlson. 809 F.2d 1446, 1448 (9th Cir. 1987).
6	ANALYSIS
7	Plaintiff seeks a declaration that defendant President Bush violated the
8	Establishment Clause of the First Amendment when he permitted the Reverend Franklin Graham
9	to say a prayer at the inauguration on January 20, 2001. Plaintiff also seeks to enjoin the
10	President from repeating this "or engaging in similar religious acts." Plaintiff does not seek to
11	recover any damages.'
12	Defendant moves to dismiss on two grounds. First, defendant argues that plaintiff
'3	lacks standing. Second, defendant argues that plaintiffs claim is without merit. However, with
14	due respect to the parties, and based on ambiguities in the complaint, the all or nothing approach
15	taken by defendant, and possibly plaintiff, does not square with the case law. It is one issue to
16	determine whether any prayer can be asserted at an inauguration, and quite another to determine
17	whether the prayer utilized went over the line in terms of advancing one religion over another.
18	Therefore, the court will break out tlie two issues for analysis herein.
19	A. Is Any Prayer at All Appropriate
20	Standing
21	To demonstrate standing, a plaintiff must 1) "have suffered an 'injury in fact'-an
22	invasion of a legally protected interest which is (a) concrete and particularized and (b) 'actual or
23	imminent, not "conjectural or hypothetical;'"" (2) "there must be a causal connection between
25         'The tenor of the complaint is tliat prayer per se at presidential inaugurations violates the -.^ j Establishment Clause. The court did not understand that plaintiff would approve of a prayer • ' given by the President himself.