BRONX HOUSEHOLD OF FAITH v. BOARD OF EDUC.

Docket No. 07-5291-cv.

650 F.3d 30 (2011)

The BRONX HOUSEHOLD OF FAITH, Robert Hall, and Jack Roberts, Plaintiff-Appellees, v. BOARD OF EDUCATION OF the CITY OF NEW YORK and Community School District No. 10, Defendant-Appellants.

United States Court of Appeals, Second Circuit.

Decided: June 2, 2011.


Attorney(s) appearing for the Case

Jane L. Gordan , Senior Counsel ( Edward F.X. Hart , Lisa Grumet , Janice Casey Silverberg, on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, NY, for Appellants.

Jordan W. Lorence , Alliance Defense Fund, Washington, D.C. ( Joseph P. Infranco , Jeffrey A. Shafer , David A. Cortman , Benjamin W. Bull , on the brief), for Appellees.

Michael J. Garcia , United States Attorney for the Southern District of New York, New York, NY, ( David J. Kennedy , Assistant United States Attorney, Southern District of New York, Grace Chung Becker , Acting Assistant Attorney General, Dennis J. Dimsey , Eric W. Treene , Karl N. Gellert , Attorneys, Appellate Section, Civil Rights Division, U.S. Department of Justice, on the brief), for Amicus Curiae United States of America.

Mitchell A. Karlan , Gibson, Dunn & Crutcher LLP, New York, NY, ( Aric H. Wu , Farrah L. Pepper , Gibson, Dunn & Crutcher LLP, Carol Nelkin , Jeffrey P. Sinensky , Kara H. Stein , The American Jewish Committee, on the brief), for Amicus Curiae The American Jewish Committee.

Isaac Fong , Center for Law and Religious Freedom, Springfield, VA, ( Kimberlee Wood Colby , Gregory S. Baylor , on the brief), for Amicus Curiae The Christian Legal Society.

Eloise Pasachoff , Committee on Education and the Law, Association of the Bar of the City of New York, New York, NY, ( Jonathan R. Bell , Rosemary Halligan , Laura L. Himelstein , on the brief), for Amicus Curiae Association of the Bar of the City of New York.

Judge JOHN M. WALKER, JR. dissents by separate opinion.


LEVAL, Circuit Judge:

Defendants, the Board of Education of the New York City Public Schools and Community School District No. 10 (collectively, "the Department of Education" or "the Board"),1 appeal from an order of the United States District Court for the Southern District of New York (Preska, C.J.), which granted summary judgment to Plaintiffs the Bronx Household of Faith ("Bronx Household"), a Christian church, and its pastors...

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