"NEW YORK — A federal judge ruled Friday that churches
and other faith groups can continue to meet in New York City public school
buildings for worship services.
Judge Loretta Preska of the U.S. District Court for the Southern District of New York granted the churches a permanent injunction against the New York City Department of Education, determining that the city's policy of prohibiting worship violates the Free Exercise Clause and the Establishment Clause of the U.S. Constitution.
The city, the court said, is permanently forbidden from
denying churches' applications to rent space in public schools for meetings that
include religious worship. The city is expected to appeal.
In April, several national religious organizations joined together in a friend-of-the-court brief that urged the U.S. Second Circuit Court of Appeals to invalidate the education department's policy. The brief, written by the Christian Legal Society, also called on the court to permanently block the policy from being enforced.
New York City's school policy infringes on the opening two clauses of the First Amendment, the brief signed by the ERLC said. Those clauses say, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
The policy "is not one that feigns neutrality on its face, hiding an ulterior purpose to target religious exercise," the friend-of-the-court brief said. "The Board's policy openly and notoriously singles out 'religious worship services' for exclusion from the public space that is otherwise available for other social and civic functions."
However, New York City officials will likely appeal the case to the Second Circuit." ChristianExaminer.com
Because the carnal mind is enmity against God: Romans 8:7
Judge Loretta Preska of the U.S. District Court for the Southern District of New York granted the churches a permanent injunction against the New York City Department of Education, determining that the city's policy of prohibiting worship violates the Free Exercise Clause and the Establishment Clause of the U.S. Constitution.
In April, several national religious organizations joined together in a friend-of-the-court brief that urged the U.S. Second Circuit Court of Appeals to invalidate the education department's policy. The brief, written by the Christian Legal Society, also called on the court to permanently block the policy from being enforced.
New York City's school policy infringes on the opening two clauses of the First Amendment, the brief signed by the ERLC said. Those clauses say, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
The policy "is not one that feigns neutrality on its face, hiding an ulterior purpose to target religious exercise," the friend-of-the-court brief said. "The Board's policy openly and notoriously singles out 'religious worship services' for exclusion from the public space that is otherwise available for other social and civic functions."
However, New York City officials will likely appeal the case to the Second Circuit." ChristianExaminer.com
Because the carnal mind is enmity against God: Romans 8:7