Education meetings violated the Establishment Clause in part because of the specific reference to Jesus and the Bible along with the fact that the Board president was a Christian minister); Freedom From Religion Foundation. Inc. v. City ofMarshfield. 203 F.3d 487,496 (7th Cir. 2000) (violation of Establishment Clause in having statue of Christ proximate to the highway which gave the message "Christ guide us on our way"), but see American Civil Liberties Union v, Capitol Square and Review. 243 F.3d 289 (6th Cir. en bane) (Ohio motto" "With God, All Things Are Possible," which was derived from the New Testament, does not violate the Establishment Clause).
The court need not finally determine whether references to Jesus Christ as our "Savior" and "Redeemer", or invocation to the Trinity go over the First Amendment mark. Given that the court cannot enjoin the President, and given that Newdow lacks standing to contest the content of prayer recited at presidential inaugurations, the case should not proceed to the merits. E. No Declaratory Relief Is Appropriate
"The Declaratory Judgment Act embraces both constitutional and prudential concerns. A lawsuit seeking federal declaratory relief must first present an actual case or controversy within the meaning of Article III, section 2 of the United States Constitution.... It must also fulfill statutory jurisdictional prerequisites..... Ifthe suit passes constitutional and statutory muster, the district court must also be satisfied that entertaining the action is appropriate. This determination is discretionary, for the Declaratory Judgment Act is 'deliberately cast in terms of permissive, rather than mandatory, authority.'..... The Act 'gave the federal courts competence to make a declaration of rights; it did not impose a duty to do so.'...." GEICO v. Dizol. 133 F.3d 1220,1222-23 (9th Cir. 1997) (en bane). Thus, declaratory relief is properly avoided when the subject matter of the lawsuit is ill advised being '"informed by the teachings and experience concerning the function and extent of federal judicial power.'" Green v. Mansour. 474 U.S. 64, 72,106 S.Ct. 423,428 (1985). Ifthe effect of declaratory relief is to simply mimic an injunction which is not properly awarded, the courts should decline to award declaratory relief. American Assoc. of Cosmetology Schools v, Rjley. 170 F.3d 1250 (9th Cir. 1998).
- 12-