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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- LAMB'S CHAPEL et al. v. CENTER MORICHES
- UNION FREE SCHOOL DISTRICT et al.
- certiorari to the united states court of appeals for
- the second circuit
- No. 91-2024. Argued February 24, 1993-Decided June 7, 1993
-
- New York law authorizes local school boards to adopt reasonable
- regulations permitting the after-hours use of school property for 10
- specified purposes, not including meetings for religious purposes.
- Pursuant to this law, respondent school board (District) issued rules
- and regulations allowing, inter alia, social, civic, and recreational
- uses of its schools (Rule 10), but prohibiting use by any group for
- religious purposes (Rule 7). After the District refused two requests
- by petitioners, an evangelical church and its pastor (Church), to use
- school facilities for a religious oriented film series on family values
- and child-rearing on the ground that the film appeared to be church
- related, the Church filed suit in the District Court, claiming that the
- District's actions violated, among other things, the First
- Amendment's Freedom of Speech Clause. The court granted
- summary judgment to the District, and the Court of Appeals
- affirmed. It reasoned that the school property, as a ``limited public
- forum'' open only for designated purposes, remained nonpublic except
- for the specified purposes, and ruled that the exclusion of the
- Church's film was reasonable and viewpoint neutral.
- Held: Denying the Church access to school premises to exhibit the film
- violates the Freedom of Speech Clause. Pp. 5-12.
- (a) There is no question that the District may legally preserve the
- property under its control and need not have permitted after-hours
- use for any of the uses permitted under state law. This Court need
- not address the issue whether Rule 10, by opening the property to a
- wide variety of communicative purposes, has opened the property for
- religious uses, because, even if the District has not opened its
- property for such uses, Rule 7 has been unconstitutionally applied in
- this case. Access to a nonpublic forum can be based on subject matter
- or speaker identity so long as the distinctions drawn are reasonable
- and viewpoint neutral. Cornelius v. NAACP Legal Defense and Ed.
- Fund, Inc., 473 U. S. 788, 806. That Rule 7 treats all religions and
- religious purposes alike does not make its application in this case
- viewpoint neutral, however, for it discriminates on the basis of
- viewpoint by permitting school property to be used for the
- presentation of all views about family issues and child-rearing except
- those dealing with the subject from a religious standpoint. Denial on
- this basis is plainly invalid under the holding in Cornelius, supra, at
- 806, that the government violates the First Amendment when it
- denies access to a speaker soley to suppress the point of view he
- espouses on an otherwise includible subject. Pp. 5-9.
- (b) Permitting District property to be used to exhibit the film
- would not have been an establishment of religion under the three-
- part test articulated in Lemon v. Kurtzman, 403 U. S. 603. Since the
- film would not have been shown during school hours, would not have
- been sponsored by the school, and would have been open to the
- public, there would be no realistic danger that the community would
- think that the District was endorsing religion or any particular creed,
- and any benefit to religion or the Church would have been incidental.
- Widmar v. Vincent, 454 U. S. 263, 271-272. Nor is there anything in
- the record to support the claim that the exclusion was justified on the
- ground that allowing access to a ``radical'' church would lead to
- threats of public unrest and violence. In addition, the Court of
- Appeals' judgment was not based on the justification proffered here
- that the access rules' purpose is to promote the interests of the
- general public rather than sectarian or other private interests.
- Moreover, that there was no express finding below that the Church's
- application would have been granted absent the religious connection
- is beside the point for the purposes of this opinion, which is
- concerned with the validity of the stated reason for denying the
- application, namely, that the film appeared to be church related.
- Pp. 10-12.
- 959 F. 2d 381, reversed.
- White, J., delivered the opinion of the Court, in which Rehnquist,
- C. J., and Blackmun, Stevens, O'Connor, and Souter, JJ., joined.
- Kennedy, J., filed an opinion concurring in part and concurring in the
- judgment. Scalia, J., filed an opinion concurring in the judgment, in
- which Thomas, J., joined.
-