Tuesday, September 13, 2005
Ruling: Judge Denies Dover Motion to Dismiss
From Judge Jones ruling in the Dover case:
After a careful review of the record and viewing the facts and all inferences to be drawn herefrom in the light most favorable to the nonmoving party [Plaintiffs, RSR], as we must at this juncture, we hold that genuine issues of material fact exist regarding whether the challenged Policy has a secular purpose and whether the Policy’s principal or primary effect advances or inhibits religion, despite Defendants’ arguments to the contrary. Accordingly, summary judgment is not warranted and Defendants’ Motion shall be denied.