What is the proper ground for a federal finding in a case involving a state no religious preference clause in the First Amendment?

MultiRegion, United States of America

The following excerpt is from Acton v. Vernonia School Dist. 47J, 23 F.3d 1514 (9th Cir. 1994):

Generally, federal courts will avoid federal constitutional issues when the alternative ground of decision is one of state statutory or constitutional law. Hewitt v. Joyner, 940 F.2d 1561, 1565 (9th Cir.1991) (state "no [religious] preference" clause, rather than dissimilar religion clauses of First Amendment, held proper ground for decision). Where, however, a question involves identical or "coextensive" state and federal constitutional provisions, a holding based on state

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