Chabad-Lubavitch v. Miller

TJOFLAT, Chief Judge:

In this case, a state refuses to allow a religious group to erect and maintain a religious display in a public forum within a core government building for the duration of an eight-day religious holiday. The state claims that the Establishment Clause of the First Amendment, which prohibits it from establishing a religion, requires that it deny the group’s request. The religious group, contending that the state’s refusal denies the group’s First Amendment right of free speech, seeks an injunction requiring the state to allow the display.

The district court concluded that the…