Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

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.

Briefs and Documents

Certiorari-stage documents

 
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