Dozens of churches stand to lose their meeting places in New York City public schools after another unfavorable court ruling.
On April 3, the U.S. Second Circuit Court of Appeals again upheld a policy that bars worship services in the city’s schools, saying the rule does not violate the First Amendment protection of religious liberty. The latest opinion in a nearly 20-year court case enables, though it does not require, the city’s Board of Education to evict as many as 80 congregations that use school facilities for corporate worship.
Bronx Household of Faith, the church involved in the lawsuit, is considering whether to appeal to the U.S. Supreme Court or beyond the three-judge panel that made the decision to the full appeals court, its lawyer said.
There are no records of Southern Baptist churches meeting in New York City schools, but seven reportedly were using city school facilities as recently as 2012.
The Board of Education’s policy prohibits “religious worship services” or using a school building as a “house of worship” outside normal hours, even though it permits individuals and other organizations to use the facilities for activities. The rule, however, allows religious groups to use schools “for prayer, singing hymns, religious instruction, expression of religious devotion or the discussion of issues from a religious point of view,” according to the Second Circuit Court.
In a 2–1 decision, the Second Circuit panel ruled the policy infringed upon neither of the First Amendment’s religion clauses — the right to exercise religion freely and the ban on government establishment of religion.
“Its sole reason for excluding religious worship services from its facilities is the concern that by hosting and subsidizing religious worship services, the Board would run a meaningful risk of violating the Establishment Clause by appearing to endorse religion,” judge Pierre Leval wrote for the majority.
In dissent, judge John Walker said it was an “easy call” to conclude the board’s policy is not neutral. He rejected the majority’s opinion that the government would be subsidizing religion if it permitted worship services in its school. The board “charges the same rate to all organizations using its facilities,” he said.
“Of the 50 largest school districts in the United States, New York City alone entirely excludes religious worship from its facilities,” Walker wrote, adding, “It is striking that none of these other school districts appear to have the slightest concern about violating the Establishment Clause, nor have any of their community use policies been found to violate the Clause.”
Jordan Lorence, lawyer for Bronx Household of Faith and senior counsel for the Alliance Defending Freedom, said in a written statement, “The First Amendment prohibits New York City from singling out worship services and excluding them from empty school buildings … because the buildings are generally available to all individuals and community groups for any activity ‘pertaining to the welfare of the community.’”
New York Mayor Bill de Blasio continued to express support for the churches’ right to use the schools. “I stand by my belief that a faith organization playing by the same rules as any community nonprofit deserves access,” he was reported as saying. “They play a very, very important role in terms of providing social services and other important community services.”
(BP)
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