The churches are going back to meet in the NYC schools! Thursday, Judge Loretta Preska issued a temporary restraining order prohibiting the New York City Department of Education from enforcing its policy banning private worship services in the public schools on weeknights and weekends. Although the order lasts only ten days, we expect Judge Preska to issue a preliminary injunction during those ten days that will extend the time longer. At a hearing last Tuesday, Judge Preska indicated her agreement with ADF attorneys that NYC’s policy violated the Free Exercise Clause of the First Amendment, and also excessively entangled the City in religious affairs in violation of the Establishment Clause.
Many of the 60 or so displaced churches have nowhere to meet, so they welcome this reprieve from the federal court. The NYC Department of Education has filed an emergency petition with the U.S. Court of Appeals for the Second Circuit, asking it to overturn the lower court order and allow NYC to enforce its ban on worship services. ADF attorneys are set to respond to this petition, and we do not expect it to succeed. If necessary, ADF will appeal to the U.S. Supreme Court.
Although ADF will persevere in court until the end of this lawsuit, ADF urges the New York Legislature to step in and end this whole matter by passing the legislation overturning NYC’s policy. The proposed law has passed the NY Senate, but the Speaker of the Assembly has held up the bill, voicing concerns that ADF has tried to address with new language for the bill. We are encouraging the Legislature to act because it has full authority to repeal NYC’s policy. Nothing in the court case requires the Legislature to wait or to keep NYC’s policy.
This amazing battle for equal access and religious liberty in New York City continues. Stay tuned!
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This battle is far from over; but by God’s grace, and thanks to the support of our generous Ministry Friends, churches in New York City have hope today.
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