In the Matter of Jean M. Lloyd, as Parent and Natural Guardian of David J. Lloyd, an Infant, Respondent,
v.
Karen Grella et al., as Commissioners of Schools for the Rochester City School District Board of Education, Appellants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 17, 1994.
Decided May 3, 1994.
Attorney(s) appearing for the Case
Donald T. Schmitt, Rochester, and Adam D. Kaufman for appellants.
Regan & Regan, P. C., Rochester (John M. Regan, Jr., of counsel), for respondent.
Arthur Eisenberg, Ruth E. Harlow, New York City, and William B. Rubenstein, of the Pennsylvania and District of Columbia Bars, admitted pro hac vice, for American Civil Liberties Union and another, amici curiae.
John D. Feerick, New York City, Janet Gallagher, Arthur S. Leonard, Sara L. Mandelbaum and James M. Williams for The Association of the Bar of the City of New York, amicus curiae.
Curtis J. Berger, Carl C. Monk, New York City, and Victor L. Streib, of the District of Columbia Bar, admitted pro hac vice, for the Association of American Law Schools, amicus curiae.
Evan Wolfson, New York City, Robinson Silverman Pearce Aronsohn & Berman (Carey Wagner and Timothy W. Reinig of counsel) and Harry B. Bronson, Rochester, for Lambda Legal Defense & Education Fund, Inc., and another, amici curiae.
Jay Worona, Albany, and Shari Greenleaf for the New York State School Boards Association, Inc., amicus curiae.
William E. Fay, III, New York City, for Parents for the Restoration of Values in Education, amicus curiae.
Deborah A. Batts, New York City, Mary C. Daly, James L. Kainen and Russell G. Pearce for The Society of American Law Teachers, amicus curiae.
Chief Judge KAYE and Judges TITONE, SMITH, LEVINE and CIPARICK concur with Judge BELLACOSA; Judge SIMONS dissents and votes to affirm in a separate opinion.
Court of Appeals of the State of New York.
BELLACOSA, J.
The Rochester City School Board resolved that employers, including the military, who discriminate on the basis of sexual orientation or other reasons shall be barred from school site student recruitment. Education Law § 2-a grants military recruiters access to educational venues "on the same basis" as all other employment recruiters.
Petitioner Lloyd, on behalf of her son who has graduated...
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