The rolling dispute over limits on the use of public schools by religious groups for worship services took another turn Thursday as a divided U.S. Court of Appeals for the Second Circuit upheld the school board’s policy.
Reversing Southern District Judge Loretta Preska (See Profile) again, Judges Pierre Leval (See Profile) and Guido Calabresi (See Profile) held that the New York City Board of Education, which allows community groups to use school buildings during non-school hours, does not violate the Free Exercise and Establishment Clauses of the First Amendment by banning worship.
