Schools, Worship, and the First Amendment
Cordes, Mark W.
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This five-part article examines the use of public school space for worship, arguing that the Second Circuit Court of Appeals was wrong in its First Amendment analysis related to the Free Speech Clause, the Establishment Clause, and the Free Exercise Clause in Bronx Household of Faith v. Board of Education of City of New York (Bronx Household IV) and in Bronx Household of Faith v. Board of Education of City of New York (Bronx Household V). Part I provides background to the issue of using public school space for religious worship, examining three contexts in which the U.S. Supreme Court has examined religion in public schools: 1) release time programs, 2) prayer, and 3) limited public forum cases. Part II of the article analyzes the Second Circuit's decision in Bronx Household IV, while part III discusses whether excluding worship services from a limited public forum in public schools violates the Free Speech Clause. Part IV discusses whether permitting worship services in public schools violates the Establishment Clause. Finally, part V discusses the Second Circuit's later decision in Bronx Household V, and examines whether exclusion of religious worship from a limited public forum violates the Free Exercise Clause.