Good News Club v. Milford Central School, 533 U.S. 98, 5 (2001)

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104

GOOD NEWS CLUB v. MILFORD CENTRAL SCHOOL

Opinion of the Court

engaged in by the Good News Club were not a discussion of secular subjects such as child rearing, development of character and development of morals from a religious perspective, but were in fact the equivalent of religious instruction itself." Id., at A-25. In February 1997, the Mil-ford Board of Education adopted a resolution rejecting the Club's request to use Milford's facilities "for the purpose of conducting religious instruction and Bible study." Id., at A-56.

In March 1997, petitioners, the Good News Club, Ms. Four-nier, and her daughter Andrea Fournier (collectively, the Club), filed an action under Rev. Stat. § 1979, 42 U. S. C. § 1983, against Milford in the United States District Court for the Northern District of New York. The Club alleged that Milford's denial of its application violated its free speech rights under the First and Fourteenth Amendments, its right to equal protection under the Fourteenth Amendment, and its right to religious freedom under the Religious Freedom Restoration Act of 1993, 107 Stat. 1488, 42 U. S. C. § 2000bb et seq.1

The Club moved for a preliminary injunction to prevent the school from enforcing its religious exclusion policy against the Club and thereby to permit the Club's use of the school facilities. On April 14, 1997, the District Court granted the injunction. The Club then held its weekly afterschool meetings from April 1997 until June 1998 in a high school resource and middle school special education room. App. N12.

In August 1998, the District Court vacated the preliminary injunction and granted Milford's motion for summary judgment. 21 F. Supp. 2d 147 (NDNY 1998). The court found that the Club's "subject matter is decidedly religious in nature, and not merely a discussion of secular matters

1 The District Court dismissed the Club's claim under the Religious Freedom Restoration Act because we held the Act to be unconstitutional in City of Boerne v. Flores, 521 U. S. 507 (1997). See 21 F. Supp. 2d 147, 150, n. 4 (NDNY 1998).

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