Religious liberty will likely take a step forward May 22, when the New York City Council votes on a resolution asking the New York Legislature to overturn a state law that permits the New York City public school policy that bans private worship services in the vacant buildings when school is not in session.

This is the latest turn in the ongoing effort to repeal the New York City public school’s anti-worship service policy.  Alliance Defending Freedom’s lawsuit on behalf of NYC church Bronx Household of Faith is also challenging the policy in court.  Currently, churches and other religious groups are holding worship services in the schools because of a federal district court injunction against the policy issued in June 2012.  The City appealed the court order, and we are awaiting a ruling by the federal appeals court in New York City.

NYC Council member (and Pastor) Fernando Cabrera is trying to open another front against the policy by leading the effort to repeal the policy through the legislative process.  Mayor Michael Bloomberg directs the NYC Department of Education, and fully supports the policy banning private worship services from the schools.  The City Council lacks the authority to change the policy directly, but it does have the power to ask the state legislature to change the state statute that provides Mayor Bloomberg the legal authority to ban the religious activities.  These resolutions passed by the City Council carry significant weight at the state legislature in Albany, and usually spurs it to action.

Councilman Cabrera attempted to have the City Council pass this resolution in early 2012, but was blocked by the Speaker of the City Council, Christine Quinn.  Speaker Quinn, who is running for mayor, has expressed support for the policy banning worship services.  According to the Wall Street Journal, Speaker Quinn’s tight control of the City Council has loosened in recent months because of her run for mayor.  The Wall Street Journal also reports that Councilman Cabrera sensed an opportunity to move the stalled resolution, and Speaker Quinn agreed to allow the resolution to come to a vote on May 22.

Councilman Cabrera expects the City Council to pass the resolution.  Whether the New York Legislature will pass the necessary legislation to overturn the New York City anti-worship service policy is unclear.  In early 2012, the New York Senate passed such legislation, only to see it die in the Assembly because the Speaker of the Assembly, Sheldon Silver, refused to allow the bill to come to a vote.  The Senate bill would have likely passed in the Assembly, because a majority of the Assembly’s members had signed on as co-sponsors of the bill.  Speaker Silver may respond differently to the proposed legislation and allow Assembly members to vote on it, if the legislation is in response to a resolution passed by the influential New York City Council.

New York City remains the only major school district in the United States that prohibits private religious services in public school buildings during non-school hours.  The churches and other religious groups meeting in the NYC schools help some of the poorest and neediest people in the city.  Whether by a court order, or a law passed by the New York Legislature, it is time for this policy to go.

The ongoing legal battle for equal access of churches to meet in New York City’s public schools returns to court Monday. Currently, churches and other religious groups are meeting in NYC’s vacant schools due to a court injunction Alliance Defending Freedom won last June against NYC’s policy prohibiting worship services from the public schools.   Alliance Defending Freedom has been representing a small church, Bronx Household of Faith in this matter since 1995.

On Monday, we will be appearing before a panel of three judges from the U.S. Court of Appeals for the Second Circuit, which will be sitting in lower Manhattan.  NYC school officials have appealed, arguing that the policy is constitutional, that the appeals court should dissolve the injunction and free them to boot out the churches.  Alliance Defending Freedom will be arguing strongly that the First Amendment’s protection of religious liberty requires NYC to allow the churches to stay.  We ask for your prayers for God’s help and mercy as we go forward in this case.

Alliance Defending Freedom attorneys have appealed to the New Mexico Supreme Court a May 31 decision by a lower court finding a photography company guilty of discrimination for declining to photograph a same-sex commitment ceremony. Furthermore, the court ordered the company to pay almost $6700 in attorneys’ fees to the lesbian who filed the complaint. The ominous implications of this case could affect churches and other religious groups who believe marriage is defined as one man and one woman.

In 2006, Elane Huguenin, the photographer for Elane Photography Inc., and co-owner of the company with her husband Jon Huguenin, declined a request to help “celebrate” a same-sex commitment ceremony for a woman who inquired via email to the company’s website. The Huguenins are Christians who believe that God designed marriage as one man and one woman, and that defining marriage is the best way for societies to help children and adults. They could not in good conscience allow their company’s photography services to be used to promote the message of the ceremony – that it is a good thing to redefine marriage to include same-sex couples.

Jon and Elaine thought this was the end of the matter until they received papers from the state of New Mexico explaining that a complaint of “sexual orientation” discrimination had been filed against their company.  A few months later, after a one day trial, the New Mexico Human Rights Commission found Elane Photography, Inc., guilty of “sexual orientation” discrimination and ordered the company to pay the attorney’s fees of the woman who filed the complaint.  Elane Photography has appealed the ruling, and both courts that have heard the case have rejected the defense that the U.S. and state constitution’s protections for freedom of speech and free exercise of religion protect Elane Photography from this legal action. Alliance Defending Freedom lawyers have argued that the First Amendment protects business owners from being forced by a customer to endorse a message the company owners do not support.  We have appealed to the New Mexico Supreme Court and will appeal to the U.S. Supreme Court if necessary.

The use of nondiscrimination laws in this manner to punish business owners and those with professional licenses who dissent from the drive to redefine marriage violates their constitutional right to freedom of conscience in the marketplace.  Alliance Defending Freedom has also seen this ominous trend spread to religious groups.  New Jersey officials have allowed a lawsuit to go forward against a Methodist group that owns a beach pavilion for religious meetings in Ocean Grove, New Jersey.  The Methodist group declined to rent its facility to a lesbian couple that wanted to use it for a civil union ceremony.  The Methodist group is currently fighting accusations of discrimination filed with state officials.

What kind of threat does this represent for churches that hold to a Biblical definition of marriage?  Can a church be sued for discrimination like Elane Photography if it declines to allow a same-sex couple to attend the church’s married couples’ retreat? At this time, such a lawsuit might be difficult to sustain against a church because the church is not a business.  However, government officials might take aim at a church’s tax-exempt status in such a situation.

This troubling possibility happened in the Ocean Grove case where New Jersey officials revoked a specific property tax-exemption for the pavilion that they had earlier granted to the nonprofit Methodist group if it used the facility for recreational purposes.  Although this is a different kind of property tax than the one most governmental entities grant to religious groups for their houses of worship, it shows the way officials can punish religious groups that advocate marriage defined as one man and one woman.

Also, if pastors or church personnel are licensed counselors or social workers, there might be discrimination complaints filed with state licensing boards urging them to discipline the licensed professionals for holding the “wrong” views on marriage.  Alliance Defending Freedom has been involved in cases like this involving Julea Ward in Michigan and Don Mendell in Maine.

It is important to persevere and protect the right of conscience.  A Massachusetts veterans’ group that sponsors Boston’s annual St. Patrick’s Day parade lost at every court level when it was sued for declining to include a homosexual activist group in its parade. Victory only happened when it reached the U.S. Supreme Court.  In one of the first cases Alliance Defending Freedom ever helped with in 1995, the U.S. Supreme Court unanimously reversed the lower court’s decision and ruled in favor of the veterans’ group’s First Amendment rights not to be forced to advocate a message it disagrees with. We can and do win when we stand and fight for religious freedom.

Churches must be aware of the conflict between religious freedom and the homosexual legal agenda.  If you or any of your church members find themselves the target of a complaint like that experienced by Elane Huguenin, contact Alliance Defending Freedom immediately.

Actor Alec Baldwin of the television show 30 Rock and the movie Hunt for Red October, is seriously considering a run for Mayor of New York City, according to his brother Billy Baldwin.  During an interview with CNN’s Piers Morgan last Tuesday night, Billy Baldwin said Alec’s possible candidacy is “very real,” and that Alec is ”very committed and extremely  bright and knowledgeable and I think he could do it and he could run.”

The race for Mayor in New York City could affect religious liberty there because the Mayor directs the NYC Department of Education, which has a policy banning religious groups from conducting worship services during non-school hours. The Mayor has the authority to order an immediate repeal of the Department of Education policy.   The current mayor, Michael Bloomberg has refused repeated requests by City Council members and local pastors to reverse the anti-worship service policy.

ADF is challenging the policy in court in the Bronx Household of Faith case, and won a permanent injunction against the policy last week.  We expect the NYC DOE to appeal the case to the U.S. Court of Appeals for the Second Circuit.  The question of whether the next Mayor of NYC can alter the policy may be moot if we successfully defeat the policy in court.

We would welcome a victorious resolution of this case by the Mayor ordering the repeal of the policy.  Although the election for the new mayor of NYC is not until November 2013, it is important to ask the candidates for their position on ending the ban on worship services.  If Alec Baldwin does run for Mayor, we hope he shows true support for religious liberty and the right of all people to worship the true Rock of Ages.

Bronx Household of Faith won a permanent injunction June 29 allowing private groups to conduct worship services in empty public schools during non-school hours.  Judge Loretta Preska issued the order, ruling that New York City’s ban on worship services in the public schools violates the church’s rights under the Free Exercise Clause and the Establishment Clause of the First Amendment.  This excellent decision rightly found that when the government uses religion as the factor that disqualifies a community group from using a school building, the government violates the unique protections the First Amendment grants to religious liberty.

New York City will likely appeal the case to the U.S. Court of Appeals for the Second Circuit.  It may be more challenging to convince the Second Circuit to agree with the District Court’s ruling in favor of religious liberty, because the Second Circuit has ruled both for and against the policy in the past.  The Second Circuit in February said that it would rule before school starts in early September.  If the Second Circuit reverses and upholds the ban on worship services, Alliance Defending Freedom will likely appeal again to the U.S. Supreme Court.

This means that religious groups will continue to meet in NYC public schools on the same terms and conditions as other groups, at least for the remainder of the summer.

Please continue to pray that this ruling is upheld and support the Alliance Defending Freedom as we continue to fight.