Good News Club v. Milford Central School, 533 U.S. 98, 6 (2001)

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Cite as: 533 U. S. 98 (2001)

Opinion of the Court

from a religious perspective that is otherwise permitted under [Milford's] use policies." Id., at 154. Because the school had not permitted other groups that provided religious instruction to use its limited public forum, the court held that the school could deny access to the Club without engaging in unconstitutional viewpoint discrimination. The court also rejected the Club's equal protection claim.

The Club appealed, and a divided panel of the United States Court of Appeals for the Second Circuit affirmed. 202 F. 3d 502 (2000). First, the court rejected the Club's contention that Milford's restriction against allowing religious instruction in its facilities is unreasonable. Second, it held that, because the subject matter of the Club's activities is "quintessentially religious," id., at 510, and the activities "fall outside the bounds of pure 'moral and character development,' " id., at 511, Milford's policy of excluding the Club's meetings was constitutional subject discrimination, not unconstitutional viewpoint discrimination. Judge Jacobs filed a dissenting opinion in which he concluded that the school's restriction did constitute viewpoint discrimination under Lamb's Chapel v. Center Moriches Union Free School Dist., 508 U. S. 384 (1993).

There is a conflict among the Courts of Appeals on the question whether speech can be excluded from a limited public forum on the basis of the religious nature of the speech. Compare Gentala v. Tucson, 244 F. 3d 1065 (CA9 2001) (en banc) (holding that a city properly refused National Day of Prayer organizers' application to the city's civic events fund for coverage of costs for city services); Campbell v. St. Tammany's School Bd., 206 F. 3d 482 (CA5 2000) (holding that a school's policy against permitting religious instruction in its limited public forum did not constitute viewpoint discrimination), cert. pending, No. 00-1194;* Bronx Household of Faith v. Community School Dist. No. 10, 127 F. 3d 207 (CA2 1997) (concluding that a ban on religious services and

*[Reporter's Note: See post, p. 913.]

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