03 -5^ (S5
FILED
21                                                    MAS 2 6 2002
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4                                                               BY,
5
6
7
8                 IN THE UNITED STATES DISTRICT COURT
9                FOR THE EASTERN DISTRICT OF CALIFORNIA
10 REV. DR. MICHAEL A. NEWDOW,
11                    Plaintiff,                No. CIV S-01 -0218 LKK GGH PS
12                vs.
13 GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES,
14                 Defendant.             ORDER: FINDINGS AND
15	________________________I RECOMMENDATIONS
16	Background
\ 1	On February 1,2001, plaintiff, Reverend Dr. Michael Newdow ("Newdow")
18	brought his action against President George W. Bush Jr. ("President") in his official capacity
19	challenging the statement of prayers made at the President's inauguration on January 20,2001.
20	Newdow complained that permitting any prayer at the Presidential inauguration offended the
21	Establishment Clause of the First Amendment to the Constitution. He also stated that because
22	the prayer contained specific references to Christian figures and concepts, the prayers given by
23	the clergymen at the inauguration "further excluded theistic non-Christians," and "showed a
24	preference for a particular religious belief." Newdow generally related that the statement of
25	prayer at the inauguration made him feel like an "outsider." Newdow seeks declaratory relief
26	that the President in his official capacity violated the Establishment Clause by permitting prayers,
	1
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