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

Certiorari Denied

Petition for certiorari denied on May 12, 2011.

Docket No.11-386
Op. Below2d Cir.

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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