Won

The District Court erred when it held that Mr. Byrne withdrew his facial challenge to the statute and regulations at the preliminary injunction stage.  Second, Amicus expands upon Mr. Byrne’s discussion regarding the statute’s viewpoint discrimination.  Amicus’s argument is compatible with, but different from, Mr. Byrne’s argument concerning viewpoint discrimination.

Rabbi Hankakian meets the officiating clergy requirement of Real Property Tax Law §462 because securing additional full-time outside employment does not prevent a clergyman from being able to fulfill his full-time duties in ministry. A church leader who works full-time as a clergyman and secures outside employment cannot be barred from receiving a tax exemption.

The District Court should be reversed because requiring Appellant to clean his cell on Saturday constitutes a substantial burden on his religious exercise by forcing him to violate the Sabbath. The District Court should be reversed because requiring Appellant to violate the Sabbath is unreasonable under the Turner analysis.

This case should be dismissed for lack of jurisdiction because Establishment Clause claims are not properly brought under 42 U.S.C. § 1983. the city seal should be evaluated and upheld under Marsh v. Chambers because it falls within two practices that are “deeply-rooted in our history and tradition.” the Las Cruces seal does not violate the Establishment Clause because the crosses in the design fall short of establishing a religion.

This case should be remanded with instructions to dismiss for want of jurisdiction because Establishment Clause claims are not properly brought under 42 U.S.C. § 1983. This court should apply Marsh v. Chambers because its establishment clause principles are applicable in a wide variety of situations, including the instant case of school board prayers. The school board prayers should be upheld because they are not an unconstitutional form of proselytizing.