X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
DECISIONS Young’s e-mail address is gyoungnlj.com. affirming a new york district court’s grant of injunctive relief, the 2d U.S. Circuit Court of Appeals has stayed the New York City Board of Education from enforcing an administrative rule under which it refused to rent public school space to a church for worship. Bronx Household of Faith v. Board of Education of the City of New York, No. 02-7781. The Bronx Household of Faith, a Christian church, had applied to the board for rental space in a public middle school where the religious group sought to hold public meetings that featured religious worship, moral teachings and social activities. Citing Standard Operating Procedure § 5.11, which prohibits outside groups from conducting religious services on school premises after school, the board denied the application. A New York federal court, however, preliminarily enjoined the board from denying the church’s application. In a corrected decision republished on July 2, the 2d Circuit said that, in light of the Supreme Court’s 2001 decision in Good News Club v. Milford Central School, the lower court had not abused its discretion. In Good News Club, the high court had held that under First Amendment principles, speech discussing otherwise permissible subjects cannot be excluded from a limited public forum on the ground that the subject is discussed from a religious viewpoint.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.