The Bronx Household of Faith v. Board of Education of the City of New YorkPetition for certiorari denied on December 5, 2011
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-386||2d Cir.||N/A||N/A||N/A||N/A||OT 2011|
Issue: (1) Whether the government engages in viewpoint discrimination when it excludes expression that is in all other respects permitted in the forum because it is labeled a “religious worship service”; (2) whether the government creates a designated public forum by opening its facilities broadly to any expression “pertaining to the welfare of the community,” so that it must justify the content-based exclusion of religious expression by a compelling state interest; (3) whether government concern about violating the Establishment Clause, and not an actual violation of that Clause, justifies the exclusion of private religious expression from a generally open forum; and (4) whether the government policy expressly excluding “religious worship services” from this forum violates the Free Exercise Clause.
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