BRONX HOUSEHOLD OF FAITH v. BD. OF EDUC. OF N.Y.

Docket No. 12-2730-cv.

750 F.3d 184 (2014)

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: April 3, 2014.


Attorney(s) appearing for the Case

Jane L. Gordon ( Edward F.X. Hart , Jon Pines , Lisa Grumet , Janice Casey Silverberg , Charles Carey , on the brief), of counsel, for Michael A. Cardozo , Corporation Counsel of the City of New York, New York, NY, for Appellants.

Jordan W. Lorence , ( Joseph P. Infranco , Alliance Defending Freedom, Washington, DC; David A. Cortman , Alliance Defending Freedom, Lawrenceville, GA; David J. Hacker , Heather Gebelin Hacker , Alliance Defending Freedom, Folsom, CA, on the brief), Alliance Defending Freedom, Washington D.C., for Appellees.

Jay Worona , Pilar Sokol , New York State School Boards Association, Inc., Latham, NY, for Amicus Curiae New York State School Boards Association, Inc.

Ayesha N. Khan , Alex J. Luchenitser , Americans United for Separation of Church and State, Washington, D.C., for Amicus Curiae Americans United for Separation of Church and State.

Beth Haroules , Arthur Eisenberg , Donna Lieberman , New York Civil Liberties Union Foundation, New York, NY; Daniel Mach , American Civil Liberties Union Foundation, Washington, D.C., for Amici Curiae New York Civil Liberties Union and American Civil Liberties Union.

Jillian Rennie Stillman , Jonathan R. Bell , Rosemary Halligan , The Association of the Bar of the City of New York, New York, NY, for Amicus Curiae The Association of the Bar of the City of New York.

Bruce H. Schneider , Christopher P. Hemphill , Strook & Stroock & Lavan LLP, New York, NY; Steven M. Freeman , David L. Barkey , Seth M. Marnin , Anti-Defamation League, New York, NY, for Amicus Curiae Anti-Defamation League.

Allison B. Jones , Williams & Connolly LLP, Washington, D.C., for Amicus Curiae The New York City Council Black, Latino, and Asian Caucus.

Deborah J. Dewart , Swansboro, NC; Michael W. McConnell , Stanford, CA; Eric C. Rassbach , Luke W. Goodrich , The Becket Fund for Religious Liberty, Washington, D.C., for Amicus Curiae The Becket Fund for Religious Liberty.

Thomas P. Gies , Frederick W. Claybrook, Jr. , Crowell & Moring, LLP, New York, NY; Kimberlee Wood Colby, Center for Law & Religious Freedom of the Christian Legal Society, Springfield, VA, for Amici Curiae Council of Churches of the City of New York, Union of Orthodox Jewish Congregations of America, Brooklyn Council of Churches, Queens Federation of Churches, American Baptist Churches of Metropolitan New York, Synod of New York, Reformed Church in America, Interfaith Assembly on Homelessness and Housing, Anglican Church in North America, National Council of the Churches of Christ in the USA, General Conference of Seventh-Day Adventists, National Association of Evangelicals, Ethics & Religious Liberty Commission of the Southern Baptist Convention, American Bible Society, The Rev. Charles H. Straut, Jr. and Christian Legal Society.

Judge WALKER dissents by separate opinion.


LEVAL, Circuit Judge:

This appeal raises the question whether the Board of Education of The City of New York (the "Board"),1 in making the City's school facilities available outside of school hours for use by outside users and subsidizing such use, may, in furtherance of interests favored by the Establishment Clause of the First Amendment, refuse to permit the holding of religious worship services. The United States District Court for...

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