Presented/Synthesized by: Lauren Bauer and Maureen Schabel

Facts of the case

This is a case about perceived discrimination against religious expression and religious practice. Meet Stephen and Darlene Fournier, and their daughter Andrea Community Use Policy:
holding social, civic and recreational meetings and entertainment events that are pertaining to the welfare of the community provided that such uses shall be nonexclusive and shall be open to the general public the policy explicitly says that the school premises will not be used by any individual or organization for religious purposes

Facts of the case

The Fourniers sought approval to use the school building for the Good News Club The Fourniers submitted a request to hold the Club's weekly afterschool meetings at the school Milford denied the request The Club filed suit the denial violated:
First Fourteenth Amendments.

First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Fourteenth Amendment
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Legal Procedural History

Initially, the United States District Court found for the Club Then in August 1998, the district court ruled against the club The Fourniers then appealed a decision in favor of defendant-appellee Milford Central School Next, the club appealed to the Second Circuit Court United States Supreme Court agreed to review the ruling

Supreme Court
Decision: 6 votes for Good News Club, 3 vote(s) against Legal provision: Amendment 1: Speech, Press, and Assembly
Yes votes: Rehnquist, O'Connor, Scalia, Kennedy, Thomas, Breyer No votes: Stevens, Souter, Ginsburg

Main legal issues

1st AMENDMENT:
Speech is speech, regardless of the topic. The Good News Club is allowed the same rights and privileges as any other person or club. The First Amendment's Establishment Clause prohibits the government from making any law respecting an establishment of religion.

14th AMENDMENT:

ESTABLISHMENT CLAUSE:

If another club is allowed to meet using the school facilities, the Good News Club should also be allowed the same permission.

Court holdings
The court decided the use policy of the district discriminates on the basis of religion, since: It would be impossible to sort out which activities of the club, and which words, fall where, in terms of religious v. secular moral development The exclusion message of involving children relating their learning in the club to a school endorsement found to be nonsensical. Allowing non-religious groups to use facilities but not allowing for religious purposes was discriminatory. That the school district had no animus (intent to do harm) toward the Good News Club

Rationale

When the Good News Club is compared to:

The Full Gospel Tabernacle in Full Gospel Tabernacle v. Community School District #27 (1998) In Bronx Household of Faith v. Community School District No. 10 (1997) Milfords Community Use policy does allow such clubs and the Boy Scouts, Girl Scouts, and 4-H Clubs to meet in their facilities. In Lambs Chappel v. Center Moriches Union Free School District (1993),

Be Prepared for the Good News

QUESTIONS?