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BRONX HOUSEHOLD OF FAITH v. BD. OF EDUC. NEW YORK

No. 01 Civ. 8598(LAP).

400 F.Supp.2d 581 (2005)

The BRONX HOUSEHOLD OF FAITH, Robert Hall, and Jack Roberts, Plaintiffs, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK and Community School District No. 10, Defendants.

United States District Court, S.D. New York.

November 16, 2005.

Attorney(s) appearing for the Case

Benjamin W. Bull, Jordan W. Lorence, Alliance Defense Fund Law Center, Scottsdale, AZ, Joseph P. Infranco, Migliore & Infranco, P.C., Commack, NY, Rena Marie Lindevaldsen, Liberty Counsel, Longwood, FL, for Plaintiffs.

Lisa Fleming Grumet, New York City Law Department, New York, NY, for Defendants.

OPINION

PRESKA, District Judge.

INTRODUCTION

The liberty afforded by the First Amendment of the Bill of Rights to pursue religious expression free of government molestation was presciently observed by the Framers of the Constitution to be among the most divisive and factious to imperil societal harmony. See The Federalist No. 10, at 41-42 (James Madison) (Terence Ball ed., 2003) ("A zeal for different opinions concerning religion...

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