» Equal Access

Alec Baldwin to Run for NYC Mayor? What Does He Think About Churches Meeting in the Schools?

Jordan Lorence - ADF Sr. VP; Sr. Counsel — Thu, 05 Jul 2012 19:06:02 +0000

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 Wins Permanent Injunction Against NYC School Policy Banning Worship Services

Jordan Lorence - ADF Sr. VP; Sr. Counsel — Tue, 03 Jul 2012 20:09:43 +0000

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.

Churches No Longer Evicted: Weekend Worship Services Will Continue At NYC Schools

SpeakUpChurch — Fri, 29 Jun 2012 17:10:21 +0000

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.”

New York Churches To March For Equal Access Sunday April 22

Jordan Lorence - ADF Sr. VP; Sr. Counsel — Mon, 16 Apr 2012 18:54:59 +0000

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!

Federal Appeals Court: Churches Can Continue Meeting In NYC Schools Until Late Summer

Jordan Lorence - ADF Sr. VP; Sr. Counsel — Thu, 01 Mar 2012 23:28:23 +0000

In a major but interim defeat for the New York City Department of Education, the U.S. Court of Appeals for the Second Circuit late yesterday denied the City’s request to stay the preliminary injunction. The Second Circuit gave detailed instructions to the parties and to the lower court on how to proceed with the litigation, requiring the District Court to issue a final decision by mid-June, so that the appeals court could rule on the constitutionality of the policy before school starts in the fall. This means that the churches and other religious groups will be able to meet through the end of the summer at least and possibly longer.

Today, the NYC Department of Education has been rejecting applications by churches to use the schools unless they have a disclaimer on their churches’ websites saying that the churches’ speech is not endorsed by the Department of Education. This is petty because it unrealistically assumes that people reading the churches’ websites will mistakenly interpret a statement that the church “meets Sunday morning at P.S. XYZ in Brooklyn” to mean government endorsement of the churches’ speech. Many churches are putting the disclaimer on their websites and reapplying to meet in the schools.

We are hoping that this matter can be successfully resolved soon, with the New York Legislature ordering NYC to repeal the ordinance, or the appeals court strikes it down.

Court Orders NYC To Let The Churches Back Into The School Buildings

Jordan Lorence - ADF Sr. VP; Sr. Counsel — Mon, 27 Feb 2012 16:27:31 +0000

Churches and other religious groups will be able to return to NYC public schools for their worship services, because of a preliminary injunction granted by Chief Judge Loretta Preska late Friday afternoon in Manhattan. The court ruled that NYC’s ban on private worship services meeting during non-school hours violates the Free Exercise of Religion Clause of the First Amendment, and NYC cannot justify its policy by claiming that it is needed to avoid an Establishment Clause violation. This is a great victory for religious liberty.

NYC will undoubtedly appeal the preliminary injunction to the U.S. Court of Appeals for the Second Circuit, and also ask that court to stop the preliminary injunction pending the appeal. ADF attorneys stand ready to respond to that appeal and to fight any attempt to stop this court order that protects religious freedom.

NYC’s policy against worship services also could be eliminated by the state legislature. The New York Legislature comes back into session this week, and the Assembly could take up the bill passed by the New York Senate. If it goes to the floor, it is likely to pass, because a majority of the Assembly members have signed onto the bill. This policy needs to go, either by legislative repeal or court injunction, because it opposes this nation’s strong commitment to religious liberty. Much will likely happen this week. Stay tuned and pray.

NYC Churches Endure Tumultuous Week in the Courts

Jordan Lorence - ADF Sr. VP; Sr. Counsel — Mon, 20 Feb 2012 17:39:23 +0000

We reported the good news that last Thursday, the federal district court in Manhattan issued a temporary restraining order (TRO) to stop New York City’s Department of Education from enforcing its policy banning private worship services. However, things went a bit askew Friday evening. During the day on Friday, NYC filed an emergency motion with the federal appeals court in NYC, called the Second Circuit, requesting that it stop the TRO so that NYC could continue banning the worship services. About 6:30 pm Friday evening, we received an order from the Second Circuit. The appeals court rejected NYC’s request to stop the TRO from going into effect (good news) but ruled that the TRO only applied to the named party in the lawsuit, Bronx Household of Faith (n0t good news)! So NYC then sent out emails to churches on Friday night revoking the permits it had issued in the last 2 days in response to the district court’s TRO.

Bronx Household of Faith did hold its meeting in the NYC public school where it has been meeting, but others did not. For example, Heavenly Vision Christian Center, a church that meets in the Washington Heights area of northern Manhattan and ministers to the immigrants in the area from the Dominican Republic, worshiped on the sidewalk near the public school where the 1000-member congregation meets (IS 52). The pastor of Crossroads Church in Staten Island, Ray Parascando, got the late night email revoking his permit, so he held a press conference outside the school on Sunday morning, and his church met in a different church building that evening.

We expect Judge Preska to issue a preliminary injunction within the next week, and it should apply to all religious groups desiring to hold worship services in the NYC public schools. This situation is rapidly changing, so please continue to pray and stay tuned.

Federal Judge Orders NYC To Reopen Its Schools for the Churches

Jordan Lorence - ADF Sr. VP; Sr. Counsel — Fri, 17 Feb 2012 16:56:59 +0000

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.

Help Bring Religious Freedom to New York City

NYC and Bronx Household of Faith Back In Court Tuesday

Jordan Lorence - ADF Sr. VP; Sr. Counsel — Mon, 13 Feb 2012 22:32:42 +0000

As churches across NYC celebrated their final worship services in the public schools last Sunday, efforts continue to get them back in. Behind the scenes negotiations continue to get a bill repealing the NYC ban on private worship services moving in the New York Assembly. The New York Senate overwhelmingly approved the bill last week.

I will be back in the federal district court on Tuesday morning in Manhattan, asking Chief Judge Loretta Preska for a new injunction to allow the churches to remain in the schools. We are arguing that the NYC policy violates the Free Exercise Clause and the Establishment Clause of the First Amendment. Any of you in the NYC area are welcomed to come to the federal court and watch. The federal court is located at 500 Pearl Street in Manhattan, near City Hall and the Brooklyn Bridge. The hearing will be in Courtroom 12A at 10:00 am on Tuesday, February 14. Please pray that the churches will be able to return to the schools and meet without censorship, like other community groups can.

MSNBC’s Martin Bashir: Mayor Bloomberg, Let The Churches Stay!

Jordan Lorence - ADF Sr. VP; Sr. Counsel — Thu, 09 Feb 2012 17:48:28 +0000

This video editorial by Martin Bashir is amazing. He insightfully discusses the Bronx Household of Faith controversy in New York City, and with rapier-like prose, castigates Mayor Bloomberg for evicting the churches after February 12. You must watch this.

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