Two recent decisions, one in the U.S. District Court for the Southern District of New York and one in the U.S. Court of Appeals for the Ninth Circuit, highlight the battle over the Establishment Clause: does it discriminate against religion — the late 20th century interpretation — or only proscribe preferred treatment of any one religion — the original intention.

Southern District Judge Loretta Preska overturned a public school board’s refusal to permit use of school premises for Sunday worship services by Bronx Household of Faith, an evangelical church.[1]