Doe v. Duncanville Independent School Dist
In Doe v. Duncanville Independent School Dist, 70 F.3d 402 (5th Cir.1995), a taxpayer challenged a school's practice of permitting the Gideons to distribute Bibles at a public high school.
The Fifth Circuit held that a taxpayer lacked standing to challenge that practice:
In order to establish state or municipal taxpayer standing to challenge an Establishment Clause violation, a plaintiff must not only show that he pays taxes to the relevant entity, he must also show that tax revenues are expended on the disputed practice.... We find no evidence in the record that even suggests that the school district expends any funds on the Gideons' Bible distribution. The Gideons themselves supply the Bibles and simply lay them on a table on the school foyer.... There is no evidence that the school district bought the table especially for the Bible distribution or that the table has been set aside for this sole purpose. In sum, there is nothing in the record that would allow us to conclude that the school district expends any funds or resources on its policy of permitting the Gideons to distribute Bibles to the fifth grade class. Id. at 408.