The Bronx Household of Faith v. Board of Education of the City of New York
Petition 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.















