In 1992 a community use policy was set up for the facilities of the Milford school district.
The policy stated (1) that residents of the community can use the school.
for "instruction in and branch of education, learning or the arts", (2) 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", and (3) use of facilities is.
prohibited "by any individual or organization for religious purposes". During 1996.
Stephen and Darleen Fournier, operators of the Good News Club, requested to use the.
cafeteria of Milford High School for their afterschool bible club. The school board.
denied the request, saying the bible club fell under rule 3 of the community use policy. .
The superintendent described the club's activities as religious in nature, the children sang.
bible songs, memorized scriptures, and listened to bible stories. The Good News Club.
filed action against the Milford School Board, on grounds of violation of free speech,.
right to equal protection, and right to religious freedom. The case was decided in the.
District Court of New York on April 14, 1997. The Judge granted a preliminary junction.
to the Good News Club, permitting them to use the facilities, but in June 1998 a summary.
judgment was granted to Milford, and the club was found to be religious in nature, which.
is prohibited by the community use policy. The decision was appealed, but the Court of.
Appeals found Milford's exclusion of the group to be considered constitutional.
discrimination, and that Milford's decision was not based on viewpoint discrimination. .
The decision was appealed again to the Supreme Court.
It was the opinion of the court that the Good News Club was discriminated against.
because of religious viewpoint, which was in violation of the free speech clause.
