The 2nd U.S. Circuit Court of Appeals’ ruling that prevents after-hours worship services at public schools in New York City stands after the U.S. Supreme Court declined to hear the appeal March 30.
But despite the ruling New York City Mayor Bill de Blasio plans to allow churches to continue renting space in schools.
“Now that litigation has concluded, the city will develop rules of the road that respect the rights of both religious groups and nonparticipants,” said mayor spokesperson Wiley Norvell in response to the ruling. “While we review and revise the rules, groups currently permitted to use schools for worship will continue to be able to worship on school premises.”
Pastor Robert Hall of Bronx Household of Faith, which was the plaintiff in the case, said he was cautiously optimistic after the administration’s response.
“We are gratified that he is allowing the churches to stay,” Hall told The New York Times. “It remains to be seen what the long-term policy is going to be, however.”
The recent court decision, issued without comment, was the third time the high court rejected an appeal by Bronx Household of Faith, which for years held Sunday services at a local public school. The church finished work on its own building near P.S. 15 in 2014 but said it still needs extra space for events that include religious services.
The city’s board of education said it wanted to maintain a policy against allowing houses of worship from renting space in city-owned buildings to prevent a blurring of church-state lines.
Equal access for organizations
The mayor supports that policy in principle but in a marked change from his predecessor, Michael Bloomberg, de Blasio also has said he wants to allow congregations the same access as any other group.
“I stand by my belief that a faith organization playing by the same rules as any community nonprofit deserves access,” de Blasio said a year ago after a federal appeals court upheld the city’s ban, which the Supreme Court essentially affirmed.
Earlier this year as part of the mayor’s push to provide universal pre-K for the city’s children, the mayor’s administration announced that starting in September pre-K classes will be permitted to break in the middle of the day for “nonprogram” activities such as prayer or religious instruction.
Supporters of Bronx Household of Faith and some 60 other groups that had been allowed to worship in public buildings pushed de Blasio to take action in the wake of the Supreme Court decision.
Jordan Lorence, senior counsel with Alliance Defending Freedom, which has represented the church in its legal battle against the city’s policy, said of the upheld ruling, “This policy is clearly nothing more than religious segregation — the kind of segregation the mayor has said he opposes.” (RNS)
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