The BRONX HOUSEHOLD OF FAITH, Robert Hall, and Jack Roberts, Plaintiffs-Appellees,
v.
BOARD OF EDUCATION OF the CITY OF NEW YORK and Community School District No. 10, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: September 28, 2006.
Decided: July 2, 2007.
Attorney(s) appearing for the Case
David A. Cortman, Alliance Defense Fund, Lawrenceville, GA (Jordan W. Lorence, Benjamin W. Bull, and Joseph P. Infranco, Alliance Defense Fund, Scottsdale, AZ, on the brief), for Plaintiffs-Appellees.
Jane L. Gordon, Senior Counsel, Corporation Counsel of the City of New York (Michael A. Cardozo, Corporation Counsel, Edward F.X. Hart, Lisa Grumet, and Janice Casey Silverberg, on the brief), New York, NY, for Defendants-Appellants.
David White, Attorney, United States Department of Justice, Civil Rights Division, Appellate Section (Wan J. Kim, Assistant Attorney General, Dennis J. Dimsey and Eric W. Treene, Attorneys, Washington, DC, Michael J. Garcia, United States Attorney for the Southern District of New York, David J. Kennedy and Andrew W. Schilling, Assistant United States Attorneys, New York, NY, on the brief), Washington, DC, for Amicus Curiae United States of America.
Mitchell A. Karlan (Aric H. Wu, Marci R. Etter, and Farrah L. Pepper, Gibson, Dunn & Crutcher, LLP, Carol Nelkin, Jeffrey P. Sinensky, and Kara H. Stein, the American Jewish Committee, on the brief), Gibson, Dunn & Crutcher, LLP, New York, NY, for Amicus Curiae the American Jewish Committee.
Anthony J. Costantini, the Committee on Education and the Law, Association of the Bar of the City of New York (Jonathan R. Bell, Rosemary Halligan, and Laura L. Himelstein, on the brief), New York, NY, for Amicus Curiae Committee on Education and the Law, Association of the Bar of the City of New York.
Before: WALKER, LEVAL, and CALABRESI, Circuit Judges.
United States Court of Appeals, Second Circuit.
Concurring opinions by Judges CALABRESI and LEVAL, as well as a dissenting opinion by Judge WALKER, follow.
PER CURIAM:
The Bronx Household of Faith, a Christian church, has applied to use New York City school facilities for Sunday worship services. In 2001, the Board of Education of the City of New York denied Bronx Household's application, relying on Standard Operating Procedure Manual (SOP) § 5.11, its rule then in effect governing the use of school...
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