A federal appeals court has ruled that New York City can ban churches from using public school facilities for Sunday worship services and does not violate free speech…The justices said that it could unconstitutionally convert schools into state-sponsored Christian churches on weekends. (Editor’s Note: Several Redeemer PCA church plants could be effected)
Thursday’s 2-1 decision by the 2nd U.S. Circuit Court of Appeals in Manhattan overturned a lower court ruling that allowed the Bronx Household of Faith to hold services in a public school.
The justices said that it could unconstitutionally convert schools into state-sponsored Christian churches on weekends.
An attorney representing the church said they would appeal the ruling.
The ruling means that dozens of churches that rent public school buildings in New York City could face eviction by the end of June.
The Department of Education said it’s reviewing how to implement the decision. The city said it has no intention of immediately evicting the groups. However, they may be asked to cease using school buildings by the end of June.
“We are very pleased with the Court’s decision today in this longstanding case, which, reversing the lower court, upholds the Department of Education’s policy not to allow public schools to be used for congregational worship services,” said city attorney Jane Gordon in a written statement.
“The Department is quite properly concerned about having any school in this diverse city identified with one particular religious belief or practice.” Jordan Lorence, senior counsel for the Alliance Defense Fund, blasted the ruling and called it “very, very disappointing.”
“If we do not get an emergency stay, the churches could be thrown out by the school district,” Lorence told Fox News Radio.
“They might be meeting on the street.” Lorence said they hope the court will grant a longer stay so that churches can continue to rent public buildings. “The religious groups are not seeking special treatment, but equal treatment,” Lorence told Fox News Radio.
“It would be a tragedy if these churches that serve the communities would be tossed out and be made homeless by this anti-religious policy.” But the court determined that allowing churches to use schools resulted in an “unintended bias in favor of Christian religions” – since most Christian churches worship on Sunday.
“Jews and Muslims generally cannot use school facilities for their services because the facilities are often unavailable on the days that their religions principally prescribe for services,” Judge Pierre Leval declared. “At least one request(ed) to hold Jewish services (in a school building used for Christian services on Sundays) was denied because the building was unavailable on Saturdays. This contributes to a perception of public schools as Christian churches, but not synagogues or mosques.”
(Editor’s Note: WNYC News reports that several churches affiliated with the Redeemer Presbyterian Church rely on the public schools, including Park Slope Presbyterian Church, which uses John Jay High in Brooklyn, and Covenant of Grace Presbyterian Church, which uses IS 5 in Queens. )
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