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.

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.

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.

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.

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.

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.

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.

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

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.