United States Second Circuit
Bronx Household of Faith v. Bd. of Educ. of the City of New York, 07-5291
In a constitutional challenge to defendants' prohibition against the after-hours use of school facilities for religious services, judgment of the district court enjoining prohibition is reversed because: 1) the prohibition does not exclude expressions of religious points of view or of religious devotion, but excludes for valid non-discriminatory reasons only a type of activity; and 2) defendants reasonably seek, by the prohibition, to avoid violating the Establishment Clause through permissible content-based restriction which does not violate the Free Speech Clause.
Appellate Information
- Decided 06/02/2011
- Published 06/02/2011
Judges
- LEVAL
Court
- United States Second Circuit
Counsel
- For Appellant:
- JANE L. GORDAN, JORDAN W. LORENCE