Federal Judge in New York Rules With Religious Groups for Access to Public School Space
- Posted on July 4, 2012 at 8:40pm by
Christopher Santarelli
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Bronx Household Of Faith Building Project (credit: http://www.bhof.org/index.html)
Churchgoers in the Bronx are rejoicing after a win late last week in what has been an ongoing feud with the government of the City of New York regarding churches renting public schools in off-hours for worship. On Friday, George H.W. Bush-nominated U.S. District Judge Loretta Preska ruled in favor of the Bronx Household of Faith to continue meeting Sundays at P.S. 15, despite a recent ruling from the 2nd Circuit court that upheld regulation D-180, the city’s ban of permits for the purpose of holding religious worship services or using a school as a house of worship.
“We are very disappointed with the District Court’s ruling mandating that the Department of Education allow churches and other religious groups to worship in public schools after hours,” Courthouse News reports City lawyer Jonathan Pines wrote. Pines has vowed to appeal the decision.
“In finding that the Constitution requires that result, the District Court virtually ignores a Second Circuit appeals court decision, issued one year ago, rejecting the plaintiffs’ Free Speech claims.”
In her 59-page order, Courthouse News reports Judge Preska ruled that the appeals court did not consider the Free Exercise Clause in their decision last year, further arguing ”[G]iven the uniquely expensive and crowded real estate market in which the Church resides, eviction from the Board’s schools would amount to a concrete loss of religious freedom.” Judge Peska granted the church a permanent injunction in the case.
Bronx Household of Faith Rev. Robert Hall told the New York Daily News that his church was grateful for the decision following a legal battle with the city Department of Education that lasted since 1995.
The case reached the U.S. Supreme Court last December, but the Court decided not to hear the case, in turn letting the lower court ruling stand. The previous ruling sided with the Department of Education and left 60 religious groups citywide without a place to worship.
Judge Preska (Associated Press/Photo by Mary Altaffer
Courthouse News notes that Judge Preska named ten religious groups including the Christian Legal Society and Council Of Churches Of The City Of New York, Brooklyn Council of Churches, Queens Federation of Churches and American Baptist Churches of Metropolitan New York, while quoting an amicus, or “friend-of-the-court,” brief arguing that the Framers would have permitted religious services in government buildings.
Judge Preska was asked by the federal appeals court to rule this month so that it could consider the case before the next school year begins in September. Judge Preska had been reportedly considered for nomination to the U.S. Supreme Court in 2007 by President George W. Bush.
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youshuthehellup
Posted on July 6, 2012 at 1:23amI rather have tax paying christians use govt. bldgs than illegal immigrants getting taxpayer funded education for free!
Report Post »dmerwin
Posted on July 5, 2012 at 12:37pmI see absolutely no problem with this as THESE are the people who pay the taxes to build and maintain these facilities.
Report Post »yankeeredneck
Posted on July 5, 2012 at 11:57amThis was decided by the US Supreme Court in 1993 in Lamb’s Chapel v. Center Moriches Union Free School District. It is obviously a violation of the First Amendment, based on viewpoint discrimination. Why does the state of New York persist in violating the law of the land?
Report Post »JUSTANOTHEROPINION
Posted on July 5, 2012 at 10:49amNot only is this a win for religion but it is also a win for the U.S.A.’s Constitution. Three cheers for Freedom!!
Report Post »Hova
Posted on July 5, 2012 at 11:43amImplying that anyone who disagrees with you is against freedom? Eh, I’ve dealt with worse tactics.
Report Post »Git-R-Done
Posted on July 12, 2012 at 8:50pmHova – The truth hurts. Your side is against freedom of speech and freedom of religion.
Report Post »sierrahiker
Posted on July 5, 2012 at 10:31am“We are very disappointed with the District Court’s ruling mandating that the Department of Education allow churches and other religious groups to worship in public schools after hours,” Courthouse News reports City lawyer Jonathan Pines wrote. Pines has vowed to appeal the decision. What a sad day in America that, we have people in places of power that find “worship” is a something of evil.
Report Post »Time for all of us to pray for Mr. Pines.
Hova
Posted on July 5, 2012 at 11:36amReally? “Boo-hoo, not everyone has the same opinions than me, so I’ll pray to God so he can force people to believe what I believe!” Grow up.
Report Post »dmerwin
Posted on July 5, 2012 at 12:39pmHova
Report Post »Or I’ll create an executive order to avoid doing the job I swore an oath to uphold.
gperky
Posted on July 5, 2012 at 2:44pm@ HOVA
Report Post »It appears that the freedoms that we have fought for in this country over the past 200 years and you so fully enjoy, go against your personal religious (not that you have any) so you are against what has stood for many many years in this country. It is time you athiest children, learn that the majority of (real) Americans believe in religious freedoms and support those freedoms, just as we put up with your crap here!
dennisS
Posted on July 5, 2012 at 9:37amThis is just common sense. The people pay for these buildings with their taxpayer dollars and should be able to have access to them when they are not in use. It also generates revenue. I have always felt that churches should do the same thing, rent out space during the week to groups that meet occasionally but do not require a building of their own. A perfect example would be a Christian church and a Jewish synagogue.
Report Post »flaboater1
Posted on July 5, 2012 at 11:40amIt is clearly a case that the government is endorsing a state religion, but ANY religion or ANY organization. I also agree about churches. In fact, I was a member of a church that rented facilities from the 7th Day Adventists Church ( who meet on Saturdays…) for Sunday services and who also allowed residential HOA’s to use a room for their monthly meetings. It is time to review the Declaration of Independence again and replace “King of Great Britain” with the “Federal Government…”
I guess I am considered a extreme right wing domestic te**orist
Report Post »NJBarFly
Posted on July 5, 2012 at 8:42amAs long as no preferential treatment is given to religious groups over other groups who want to use the building, I don’t have a problem with this.
Report Post »Locked
Posted on July 5, 2012 at 9:01amI completely agree with you. If any group has the same ability to rent the space, then religious groups and churches should not be banned.
Report Post »carlschulz
Posted on July 5, 2012 at 9:57amThe Founding Fathers agreed with you as well. They encouraged religious meetings in tax-funded buildings so long as those facilities were made available EQUALLY to all denominations (including different religions of course). Thomas Jefferson even wrote about his satisfaction regarding the use of the local courthouse in his town being used by churches. (the writings of Thomas Jefferson, 15:404)
By my how times have changed. The supreme court got that whole “separation of church and state” thing WAY wrong.
Report Post »Hova
Posted on July 5, 2012 at 11:45am@carlschulz Yes, because you’re not allowed to have no religion.
Report Post »yankeeredneck
Posted on July 5, 2012 at 11:59amThe problem is allowing other groups, but NOT religious groups.
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