Bronx Household of Faith v. BOARD OF EDUC., NY

JOHN M. WALKER, JR., Circuit Judge,

dissenting:

This dispute between the Bronx Household of Faith, a Christian church, and the New York City Board of Education is old and bitter. Bronx Household wishes to use school facilities for Sunday worship services; the Board wishes to keep them out and invokes a rule .precluding groups who meet on school premises after hours from “holding religious worship services, or otherwise using a school as a house of worship.” Standard Operating Procedures Manual § 5.11 (“SOP § 5.11”).1

While I agree with Judge Calabresi that this dispute is ripe for adjudication,…