Emily HSU and Timothy Hsu, By and Through their next friend, Dr. ChinChing HSU, Plaintiffs-Appellants-Cross-Appellees,
v.
ROSLYN UNION FREE SCHOOL DISTRICT NO. 3; Michael Barkan, in his official capacity as President of the Roslyn Union Free School District Board of Education; Asenath Anderson, in her official capacity as Vice President of Roslyn Union Free School District Board of Education; William Costigan; Barbara Schwartz; Pat Schissel; Ellen Seigel; Alvin Silverman, in their official capacities as members of the Roslyn Union Free School District Board of Education; Dr. Frank Tassone, in his official capacity as Superintendent of Roslyn Union Free School District; Marilyn Silverman, in her official capacity as Assistant Superintendent of Roslyn Union Free School District; Mark Weyne, in his official capacity as Principal of Roslyn High School; and Dr. Howard Rubin, in his official capacity as Principal of Roslyn High School, Defendants-Appellees-Cross-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 1, 1995.
Decided May 15, 1996.
Attorney(s) appearing for the Case
Jay Alan Sekulow, American Center for Law & Justice: Religious Liberties Project, Washington, DC (James Matthew Henderson, Sr., Stuart J. Roth, and Joel H. Thornton, American Center for Law & Justice, Religious Liberties Project, Washington, DC; Keith A. Fournier, American Center for Law & Justice, Virginia Beach, VA; Joseph P. Infranco, Migliore & Infranco, Commack, NY; on the brief), for Plaintiffs-Appellants-Cross-Appellees.
Stanley A. Camhi, Garden City, NY (John O. Fronce, Jaspan, Ginsberg, Schlesinger, Silverman & Hoffman, Garden City, NY, on the brief), for Defendants-Appellees-Cross-Appellants.
Steven Arenson, Arenson, Dittmar & Karban, New York, NY, and Steven M. Freeman and Debbie N. Kaminer, Anti-Defamation League, New York, NY, filed a brief, for Amicus Curiae Anti-Defamation League.
Steven T. McFarland, Kimberlee Wood Colby, and Samuel B. Casey, Center for Law & Religious Freedom: Christian Legal Society, Annandale, VA, and Michael S. Paulsen, Minneapolis, MN, filed a brief, for Amici Curiae Christian Legal Society, National Council of Churches of Christ, National Association of Evangelicals, and Christian Life Commission of the Southern Baptist Convention.
Mathew D. Staver, Frederick H. Nelson, and Nicole Arfaras Kerr, Liberty Counsel, Orlando, FL, filed a brief, for Amicus Curiae Liberty Counsel.
Jay Warona, Pilar Sokol, and Cheryl Randall, New York State School Boards Association, Albany, NY, filed a brief, for Amicus Curiae New York State School Boards Association.
Before VAN GRAAFEILAND, JACOBS and PARKER, Circuit Judges.
United States Court of Appeals, Second Circuit.
JACOBS, Circuit Judge:
Under the Equal Access Act, 20 U.S.C. §§ 4071-4074, public school students who wish to pray and study the Bible together after school enjoy the same right to meet in school classrooms as other extracurricular groups. The school can avoid the requirements of the Equal Access Act by prohibiting all "noncurriculum related" student groups or by declining federal funding. In this case, a public...
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