So a New York City Appeals Court ruling banning churches from renting space in NYC public schools for Sunday worship has been upheld by virtue of the U.S. Supreme Court’s refusing to hear the case.
“The Department was quite properly concerned about having any school in this diverse city identified with one particular religious belief or practice,” said Jane Gordon, senior counsel for the New York City Law Dept. “”The Court of Appeals correctly upheld the Department of Education’s policy not to allow the City’s public schools to be used as houses of worship. This case has been litigated for 16 years, and we’re gratified that the U.S. Supreme Court has decided not to hear it. We view this as a victory for the City’s school children and their families.”
The Supreme Court’s decision not to hear the case leaves in place a federal appeals court ruling that upheld the city’s policy.
The court case involved the Bronx Household of Faith – a church that paid weekly rent to hold worship services at a public school since 2002. The church, along with five dozen other congregations, was allowed to continue worshipping at public schools pending the outcome of the lawsuit.
It’s a sad day for religious liberty,” said Jordan Lorence, the church’s attorney and senior counsel for the Alliance Defense Fund. “Churches and religious other groups should be allowed to meet in public buildings on the same terms as other community groups and they’re being denied that in New York City.”
You have to love this reasoning:
The 2nd U.S. Circuit Court of Appeals 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.
Who knew Christians worshiped on Sunday, as opposed to Jews and Muslims? Amazing what you learn after 2,000 years.
Do you have any idea how many congregations use public school facilities on Sunday in New York City? For about ten years I sat in more public schools for Sunday worship than I did in traditional church buildings. Mainline churches are dying, many of them supporting paltry weekly attendance, yet vibrant evangelical congregations, which also provide aid to the homeless and needy regardless of religion, are now left homeless because they worship on Sunday. Redeemer Presbyterian rents Hunter College for two of its five services every Sunday. Will it have to move now? Does this ruling apply to public colleges as well as elementary and high schools?
And what about the income those schools get from the churches? Here was found money when the buildings were otherwise empty and dark. How stupid is this?
I think the real fear at work here has nothing to do with the “establishment” of a religious bias in favor of Christianity (puh-leeze) but that the continued and growing presence of Christianity in the halls of academia was depressing to those who keep waiting for the death of religion in favor of what a public school education has to offer. (crickets)
UPDATE: “The Alliance Defense Fund (ADF) won on Friday a permanent injunction in the 17-year legal battle involving the Bronx Household of Faith and the NYC Board of Education. Religious groups will now be allowed to meet freely for worship services in public school facilities.” For more, read here. Seventeen years in court facing down dimwits and bigots. Your tax money at work, New York . . .
Via @seancurnyn.
Neil H.
December 6, 2011 at 7:54 PM
“”The Court of Appeals correctly upheld the Department of Education’s policy not to allow the City’s public schools to be used as houses of worship.” Jane Gordon. Hey, Jane, why stop with public schools why not get the city to take the same steps with all houses of worship within the city limits. You wouldn’t want your city to be associated or promote religion. There might be some law suit that would seriously harm the city’s ability to function or be happy. Come now, we can’t have the Big Apple associated with promoting religion now can we.
kerner
December 7, 2011 at 12:04 AM
To even things up, maybe Muslims could, for worship, rent the space used by the 2nd circuit court of appeals (500 Pearl Street, NY, NY). I guarantee nobody is doing any work there on Friday afternoons. Then, Christians would not be seen as gaining an unfair advantage.
david chapman
February 12, 2012 at 7:03 PM
Good! There is a separation of church and state thing still in effect in this country. And these guys are saying, “treat us like everyone else.” Alright then, we will do that ,IF you recind your tax exempt status, and IF you pay taxes like anyone else, and IF you stop complaining about contraception laws violating your religious beliefs, and IF you get no more breaks just for being a religion or church. Then they say, they are taxpaying individuals and should have the same right as other “non religious” individual tax payers. You are not individuals, YOU ARE A RELIGIOUS ENTITY!!!
david chapman
February 12, 2012 at 7:04 PM
@Neil H.- That is just a stupid statement, not relevant and not worthy of response. A city is not the same thing as a state funded facility.
Anthony Sacramone
February 12, 2012 at 7:12 PM
You comment is calamitously shrill, shallow, and silly. For decades, religious institutions RENTED space in otherwise unused public facilities. How on earth is this the ESTABLISHMENT OF A RELIGION? Were you forced to join a church, mosque or synagogue to get a public job, run for office, or go to a public school? How patently absurd.
The money paid to these public institution is no doubt going to promote views and practices anathema to many, if not most, of these congregations. The churches no doubt teach things odious to many in these secular institutions. Nevertheless, it was considered a win-win situation UNTIL someone noticed that Christian congregations were the usual renters of these spaces, for the astonishing reason that the majority of people who regularly practice a religion even in this supposedly secular city are Christian. No other religion was barred from doing what Christian congregations were doing. But no chance to marginalize Christians, even those among the poorest and hard-pressed sectors of the city, people already marginalized, can be allowed to pass in some quarters.
Your comment about “contraception laws violating your religious beliefs” is just too meaningless and daft to even comment on. Stop watching MSNBC and read a book on the religious history of this country. It may just keep you from typing out such nonsense again.