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.

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.

Hope renewed: Weekend worship services will continue at NYC schools
6/29/2012 News Release Federal court issues permanent order protecting equal access rights

NEW YORK — Alliance Defense Fund attorneys won a permanent injunctionFriday that allows churches and other faith groups to continue to meet in New York City public school buildings for worship services after hours.“Churches that have been helping communities for years can continue to offer the hope that empty buildings can’t,” said ADF Senior Counsel Jordan Lorence, who argued before the court on June 1. “The court’s order allows churches and other religious groups to meet for worship services in empty school buildings on weekends on the same terms as other groups. ADF will continue to defend this constitutionally protected right if the city chooses to continue using taxpayer money to evict the very groups that are selflessly helping the city’s communities, including the public schools themselves.”

Churches meeting in New York City public schools for worship services have fed the poor, have assisted in rehabilitating drug addicts and gang members, have helped rebuild marriages and families, and have provided for the disabled. The churches have also helped the public schools themselves by volunteering to paint the interiors of inner-city schools; donating computers, musical instruments, and air conditioners; and providing effective after-school programs to help all students with their studies.

“There is no reason to exclude worship services from these empty school buildings, especially when the school allows all other community groups to meet,” Lorence explained. “Why exclude churches that are helping their neighbors in so many significant ways?”

In February, the U.S. District Court for the Southern District of New York issued a preliminary order that allowed Bronx Household of Faith and other religious groups to conduct worship services in schools while the ADF lawsuit against the city proceeded. The new order makes the preliminary order permanent.

The permanent injunction is part of a 17-year legal battle in Bronx Household of Faith v. Board of Education of the City of New York. The city has been trying to eject worship services from their public school meeting places under the claim that their presence violates the U.S. Constitution, but the court Friday disagreed with the city’s policy, Chancellor’s Regulation D-180.

“Having considered the latest evidence and the parties’ respective arguments, the Court determines that its reasons for granting Plaintiffs’ motion for a preliminary injunction were sound and that implementation of Ch. Reg. D-180 violates both the Free Exercise Clause and the Establishment Clause…,” the court’s order states. “Defendants are permanently enjoined from enforcing Ch. Reg. D180 so as to deny Plaintiffs’ application or the application of any similarly-situated individual or entity to rent space in the Board’s public schools for meetings that include religious worship.”

The Bronx Household of Faith case returns to the U.S. District Court in lower Manhattan for a hearing on Friday morning, June 1 at 10:30 am in Courtroom 12A of Chief Judge Loretta Preska.  The federal courthouse is located at 500 Pearl Street in lower Manhattan, near City Hall and the Brooklyn Bridge.

Bronx Household of Faith has filed a motion asking the District Court to grant a permanent injunction against the New York City Department of Education’s policy barring religious groups from conducting worship services in the public schools during nonschool hours.  New York City is asking the Court to uphold the policy.

Last February, Judge Preska issued a preliminary injunction against the policy, so churches and other religious groups are now meeting in NYC public schools on the same terms as other community groups.  The District Court should issue a ruling by mid-June, according to the order last February 29 by the U.S. Court of Appeals for the Second Circuit.  If the District Court grants the motion for a permanent injunction, New York City will immediately appeal to the Second Circuit.  That appeals court has stated that it will rule on the permanent injunction by the time school starts in the fall.  Whichever side loses at the Second Circuit will likely appeal to the U.S. Supreme Court.

So what does this all mean?  It means that churches are currently meeting in NYC public schools, and will likely continue to meet there until at least the end of the summer.  The big wild card is what will the Second Circuit do with this case.  If it rules against the churches like it did one year ago when it upheld the policy, then we would likely appeal quickly to the U.S. Supreme Court.  That court declined to hear our appeal on our free speech claim last December.  Would it view our free exercise of religion claim differently?  We may get an opportunity to see.  Of course, if the Second Circuit agrees that the policy violates the Free Exercise Clause, then the churches would remain meeting in the schools.  This case has several twists and turns yet to come, so stay tuned, and continue to pray for God’s mercy on the churches.

But the next step in the proceedings is the court hearing in Manhattan Friday morning at 10:30 a.m.  The court hearing is open to the public, so anyone may attend.  And we can rejoice that at least for now, religious liberty prevails in New York City.

People of all faiths and supporters of religious liberty will march across the Brooklyn Bridge Sunday, April 22 in support of equal access for religious groups to meet in empty NYC school buildings. This is the latest in the long struggle against the New York City public schools’ policy of singling out worship services and denying them access to school buildings on the weekends, while allowing community groups to meet for all other purposes.

The march will begin at 2:00 pm at Cadman Park, which is on the Brooklyn (south) side of the Brooklyn Bridge. Supporters will march across the Brooklyn Bridge and assemble for a concert and prayer meeting. If you live near the New York City area, (and even if you don’t), please come to the march to show your support for religious liberty. And New York City in the springtime is beautiful!

Currently, churches and other religious groups are meeting in the schools, due to a preliminary injunction ADF attorneys won in February. Judge Loretta Preska of the U.S. District Court in Manhattan ruled in February that NYC’s anti-worship policy violates the Free Exercise Clause of the First Amendment. Currently, ADF attorneys are preparing a motion for a permanent injunction, which we expect Judge Preska to grant by mid-June. However, NYC will undoubtedly appeal to the U.S. Court of Appeals for the Second Circuit, which last June ruled against the churches and equal access. The Court reversed an earlier permanent injunction Judge Preska had issued against the policy based on the Free Speech Clause. It is possible that the federal appeals court could rule against equal access once again and allow NYC to expel the churches.

But victory for religious liberty may come from another place, the New York Legislature, and this underscores the importance of the rally this Sunday. The New York Legislature is still actively considering a bill that would overturn the New York City policy. We want the march to show state lawmakers that many people support the equal access legislation. The bill passed the New York Senate earlier this year, and has been awaiting action for several months in the New York Assembly. We are hopeful that the leaders of the New York Assembly are close to an agreement to allow the legislation to go forward.  If the Speaker allows the bill to come to the floor, it will likely pass.

We want to see a victory for equal access, no matter where it comes from. The goal is to protect the rights of religious groups to meet in public schools, whether that success comes from the New York Legislature or the federal courts. See you Sunday on the Brooklyn Bridge!