Summary
On March 31, 2008, the Center filed an amicus brief on behalf of the Christian Legal Society before the Second Circuit Court of Appeals in support of the Bronx Household of Faith, in The Bronx Household of Faith v. Board of Education of the City of New York, Docket No. 07-5291.
The Bronx Household of Faith is a church excluded by the Board of Education of the City of New York from engaging in religious worship in public school facilities after hours. The Board permits a large number of non-profit organizations, including religious student organizations, to use its 1,200 facilities for a variety of purposes, but expressly excludes non-profit organizations desiring to participate in religious worship.
The Center's brief argues that the Board's exclusion of the Bronx Household of Faith violates the Free Exercise Clause, because the Board's policy expressly and impermissibly disfavors religion, thus violating the Constitution. The Board incorrectly claims that its exclusion of religious worship is justified by the Establishment Clause. There is no Establishment Clause violation where the government provides equal access to a public school for religious worship. On the contrary, the Board's exclusion violates the Establishment Clause because it involves the government in making distinctions between religious organizations and signals hostility towards religion.
The United States Department of Justice also filed an amicus brief in support of the Bronx Household of Faith.
The Bronx Household of Faith is represented by Jordan W. Lorence of the Alliance Defense Fund.
Litigation Documents
Supreme Court
Brief of the Christian Legal Society, et al., in Support of Petition for Certiorari - Oct. 27, 2011
Second Circuit Court of Appeals
Brief of the United States as Amicus Curiae in Support of the Bronx Household of Faith - Apr. 1, 2008
Brief of the Christian Legal Society as Amicus Curiae in Support of the Bronx Household of Faith - Mar. 31, 2008
Brief of Appellees, the Bronx Household of Faith - Mar. 20, 2008
Press Releases
Alliance Defense Fund - U.S. DOJ: N.Y. churches entitled to equal treatment by schools - Apr. 1, 2008