Legal Opinion
The Bronx Household of Faith, Robert Hall and Jack Roberts v. Board of Education of the City of New York and Community School District No. 10
Court of Appeals for the Second Circuit
Decided June 6, 2003No. Docket 02-7781PublishedCited by 116 opinions
1Opinion of the Court
Judge MINER dissents in a separate opinion.
CARDAMONE, Circuit Judge.
This appeal concerns the proposed use of a public school building for Sunday worship services by an evangelical Christian church. Courts often struggle to reconcile the principle of equal access to government buildings with a competing principle of American public life, that is, the separation of church and state. In the case before us, the district court resolved this tension in favor of allowing religious speech on public property. Recent Supreme Court precedent requires that we affirm.
BACKGROUND
A. Prior Legal Proceedings
Pla…
2Cases cited22 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Elrod v. BurnsSupreme Court of the United States · 1976
- Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
- Cornelius v. NAACP Legal Defense & Educational Fund, Inc.Supreme Court of the United States · 1985
17 more not listed; retrieve them via the Exa API.
3Cited by116 opinions
- Chaplaincy of Full Gospel Churches v. EnglandCourt of Appeals for the D.C. Circuit · 2006
- Huminski v. CorsonesCourt of Appeals for the Second Circuit · 2005
- New York Civil Liberties Union v. New York City Transit AuthorityCourt of Appeals for the Second Circuit · 2011
- Huminski v. CorsonesCourt of Appeals for the Second Circuit · 2004
- Doninger Ex Rel. Doninger v. NiehoffCourt of Appeals for the Second Circuit · 2008
111 more not listed; retrieve them via the Exa API.