Dan Marchi v. Board of Cooperative Educational Services of Albany, Schoharie, Schenectady, and Saratoga Counties

U.S. Court of Appeals, Second Circuit · Decided 1999-04-02

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JON O. NEWMAN, Circuit Judge. This appeal concerns the tension between two constitutional principles — separation of church and state and the free exercise of religion — in the context of public education. Specifically, we must decide whether a school board’s attempt to avoid Establishment Clause violations by restricting the religious expression of one of its teachers infringes…

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