Neither the Establishment Clause nor any other law requires Kountze I. Could that parent sue the District for promoting religion?
And would the District have to pay up when they lost?
Rather than decide the constitutionality of the district’s actions, the court found that there was no longer a controversy to decide.
Origin: 1885-90, Americanism; perhaps variant of rout /raʊt, rut/ [verb] to bellow, roar [noun] a bellow.
Attorneys for the cheerleaders appealed, however, and the matter is now before the Texas Supreme Court.
In short, this case wasn’t over, and no ruling was ever made on the actual substantive issues.
Even if they “lost” the appeal — and the higher court said the cheerleaders could continue hoisting their religious banners — it would keep the District off the hook in the face of any future lawsuit.
(On April 8, 2013, the Kountze ISD Board of Trustees adopted Resolution and Order No.