Good News Club v. Milford Central School

533 U.S. 98, 121 S. Ct. 2093, 150 L. Ed. 2d 151, 14 Fla. L. Weekly Fed. S 337, 2001 Colo. J. C.A.R. 2934, 2001 Cal. Daily Op. Serv. 4737, 69 U.S.L.W. 4451, 2001 Daily Journal DAR 5858, 2001 U.S. LEXIS 4312
CourtSupreme Court of the United States
DecidedJune 11, 2001
Docket99-2036
StatusPublished
Cited by596 cases

This text of 533 U.S. 98 (Good News Club v. Milford Central School) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Good News Club v. Milford Central School, 533 U.S. 98, 121 S. Ct. 2093, 150 L. Ed. 2d 151, 14 Fla. L. Weekly Fed. S 337, 2001 Colo. J. C.A.R. 2934, 2001 Cal. Daily Op. Serv. 4737, 69 U.S.L.W. 4451, 2001 Daily Journal DAR 5858, 2001 U.S. LEXIS 4312 (2001).

Opinions

[102]*102Justice Thomas

delivered the opinion of the Court.

This case presents two questions. The first question is whether Milford Central School violated the free speech rights of the Good News Club when it excluded the Club from meeting after hours at the school. The second question is whether any such violation is justified by Milford’s concern that permitting the Club’s activities would violate the Establishment Clause. We conclude that Milford’s restriction violates the Club’s free speech rights and that no Establishment Clause concern justifies that violation.

> — I

The State of New York authorizes local school boards to adopt regulations governing the use of their school facilities. In particular, N. Y. Educ. Law § 414 (McKinney 2000) enumerates several purposes for which local boards may open their schools to public use. In 1992, respondent Milford Central School (Milford) enacted a community use policy adopting seven of §414’s purposes for which its building could be used after school. App. to Pet. for Cert. Dl-DB. Two of the stated purposes are relevant here. First, district residents may use the school for “instruction in any branch of education, learning or the arts.” Id., at Dl. Second, the school is available for “social, civic and recreational meetings and entertainment events, and other uses pertaining to the welfare of the community, provided that such uses shall be nonexclusive and shall be opened to the general public.” Ibid.

[103]*103Stephen and Darleen Fournier reside within Milford’s district and therefore are eligible to use the school’s facilities as long as their proposed use is approved by the school. Together they are sponsors of the local Good News Club, a private Christian organization for children ages 6 to 12. Pursuant to Milford’s policy, in September 1996 the Four-niers submitted a request to Dr. Robert McGruder,. interim superintendent of the district, in which they sought permission to hold the Club’s weekly afterschool meetings in the school cafeteria. App. in No. 98-9494 (CA2), p. A-81. The next month, McGruder formally denied the Fourniers’ request on the ground that the proposed use — to have “a fun time of singing songs, hearing a Bible lesson and memorizing scripture,” ibid. — was.“the equivalent of religious worship.” App. H1-H2. According to McGruder, the community use policy, which prohibits use “by any individual or organization for religious purposes,” foreclosed the Club’s activities. App. to Pet. for Cert. D2.

In response to a letter submitted by the Club’s counsel, Milford’s attorney requested information to clarify the nature of the Club’s activities. The Club sent a set of materials used or distributed at the meetings and the following description of its meeting:

“The Club opens its session with Ms. Fournier taking attendance. As she calls a child’s name, if the child recites a Bible verse the child receives a treat. After attendance, the Club sings songs. Next Club members engage in games that involve, inter alia, learning Bible verses. Ms. Fournier then relates a Bible story and explains how it applies to Club members’ lives. The Club closes with prayer. Finally, Ms. Fournier distributes treats and the Bible verses for memorization.” App. in No. 98-9494 (CA2), at A-30.

McGruder and Milford’s attorney reviewed the materials and concluded that “the kinds of activities proposed to be [104]*104engaged 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 Milford 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 [105]*105from 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.

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Bluebook (online)
533 U.S. 98, 121 S. Ct. 2093, 150 L. Ed. 2d 151, 14 Fla. L. Weekly Fed. S 337, 2001 Colo. J. C.A.R. 2934, 2001 Cal. Daily Op. Serv. 4737, 69 U.S.L.W. 4451, 2001 Daily Journal DAR 5858, 2001 U.S. LEXIS 4312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/good-news-club-v-milford-central-school-scotus-2001.