Legal Opinion

Bronx Household of Faith v. Board of Education

Court of Appeals for the Second Circuit

Decided April 3, 2014No. Docket 12-2730-cvPublishedCited by 12 opinions

1Opinion of the Court

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 the Southern District of New York (Preska, C.J.) concluded that the Free Exercise and Establishment Clauses of the…

2Cases cited20 opinions

  1. Lemon v. KurtzmanSupreme Court of the United States · 1971
  2. Ricci v. DeStefanoSupreme Court of the United States · 2009
  3. Church of the Lukumi Babalu Aye, Inc. v. City of HialeahSupreme Court of the United States · 1993
  4. Regan v. Taxation With Representation of WashingtonSupreme Court of the United States · 1983
  5. Good News Club v. Milford Central SchoolSupreme Court of the United States · 2001

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3Cited by12 opinions

  1. Congregation Rabbinical College of Tartikov, Inc. v. Village of PomonaDistrict Court, S.D. New York · 2015
  2. Fratello v. Archdiocese of New YorkCourt of Appeals for the Second Circuit · 2017
  3. Shurtleff v. BostonSupreme Court of the United States · 2022
  4. Penn v. N.Y. Methodist Hosp.Court of Appeals for the Second Circuit · 2018
  5. 2Court of Appeals for the Second Circuit · 2017

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