SCHOOL DISTRICT FILES PETITION FOR REHEARING IN CHILD EVANGELISM FELLOWSHIP CASE
The Montgomery County Public Schools filed a petition for rehearing
with the United States Court of Appeals for the Fourth Circuit in Child
Evangelism Fellowship of Maryland v. Montgomery County Public Schools.
The school district filed the petition in response to the court’s June 30
decision that the public schools in Montgomery County, Maryland must
distribute fliers for meetings of Child Evangelism Fellowship (CEF) on an
equal basis with other community groups.
The Center filed suit against the school district in January 2003 on
behalf of CEF seeking, among other things, equal treatment of CEF’s
informational fliers. A federal district court in Maryland declined to
order equal treatment of CEF, and CEF appealed the decision. The court
of appeals heard oral arguments in September 2003 and ruled in June 2004
that Supreme Court precedent requires uniform treatment of community
groups, including CEF.
If the court of appeals grants the school district’s petition for
rehearing, the entire court will review the June 30 decision issued by a
three judge panel of the same court. If the petition is denied, the
court of appeals will send the case back to the district court for
further proceedings.
CALIFORNIA SUPREME COURT AGREES TO REVIEW COURT OF APPEAL DECISION THAT HINDERS RELIGIOUS SCHOOLS
The California Supreme Court agreed earlier this month to review a
Third District California Court of Appeal decision holding that private
religious institutions may not apply for tax-exempt bond financing.
California Statewide Communities Development Authority v. All Persons
Interested arose when the California Statewide Communities Development
Authority (CSCDA) sought judicial confirmation that offering financing to
religious schools would not violate the Establishment Clause of the U.S.
Constitution or California state laws. CSCDA is a state agency that
offers tax-exempt bond financing to institutions, such as private
schools, for the development of projects intended to benefit the public.
CSCDA acts as a conduit through which schools may borrow money at a lower
interest rate because the lender’s earnings are tax-free. CSCDA sought
judicial review after three religious schools applied for financing.
After receiving unfavorable rulings in the Sacramento Superior Court
and the Third District Court of Appeal, CSCDA appealed to the Supreme
Court of California. The Center filed a “friend of the court” brief
supporting CSCDA’s appeal to the Court of Appeal of California, and the
Center will now file a brief in the California Supreme Court.
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