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MARCHI v. BOARD OF CO-OP. EDUCATIONAL SERVICES

No. 98-7213.

173 F.3d 469 (1999)

DAN MARCHI, Plaintiff-Appellant, v. BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF ALBANY, Schoharie, Schenectady, and Saratoga Counties, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 2, 1999.

Attorney(s) appearing for the Case

Thomas Marcelle, Slingerland, N.Y., for plaintiff-appellant.

Leslie B. Neustadt, Maynard, O'Connor, Smith, & Caralinotto, Albany, N.Y., for defendant-appellee.

BEFORE: NEWMAN and JACOB, Circuit Judges, and TSOUCALAS, Judge.

JON O. NEWMAN, Circuit Judge:

This appeal concerns the tension between two constitutional principles—separation of church and state and the free exercise of religion—in the context of public education. Specifically, we must decide whether a school board's attempt to avoid Establishment Clause violations by restricting the religious expression of one of its teachers infringes that teacher's free exercise rights. Dan Marchi appeals from the January 23...

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