| NEW YORK — Churches can temporarily continue to meet for worship services in New York City public schools, according to a federal judge’s new ruling.
The temporary restraining order is in effect for 10 days while the U.S. District Court for the Southern District of New York more fully considers constitutional arguments about the city’s unique-in-the-nation prohibition on worship services in vacant public school buildings on weekends.
“Churches help communities; evicting churches hurts communities. Empty buildings offer nothing to communities that need hope,” said Jordan Lorence, Alliance Defense Fund Senior Counsel, who argued before the court on Feb. 14.
“The court’s order is a message of hope for fundamental freedoms in New York City because it means that, for the time being, the city must welcome churches as it does other groups,” continued Lorence.
Pastors in the city applauded the news, which apparently will give them at least two more Sundays in public schools.
"This is definitely an answer to prayer, and we look forward to future stories of victory with this situation," Ray Parascando, pastor of Crossroads Church in Staten Island, N.Y., told BP news.
ADF sought the order on Feb. 3 to stop the evictions based on violations of the First Amendment that had not been ruled on previously in the case, Bronx Household of Faith v. Board of Education of the City of New York.
Manhattan Federal Court Judge Loretta Preska issued a temporary restraining order Feb. 16 after agreeing that the church would suffer “irreparable harm” if the eviction was enforced.
In the preliminary motion, Lorence stated that the Education Department’s policy excluding Judeo-Christian religions from public facilities, but permitting nontraditional religions to use the facilities is unconstitutional.
Many New York City churchgoers have been protesting the city’s plans to evict them ever since the U.S. Supreme Court declined to take up the case on free speech grounds on Dec. 5 of last year. A bill that would compel the city’s Department of Education to allow the worship services passed the state senate this month and is awaiting action by the state assembly.
“This order from the court in no way should stop efforts by the New York Legislature to overturn this policy,” Lorence explained. “The courts have consistently ruled that the Constitution does not require New York City to ban religious worship services, so the city or the state legislature is free to repeal the policy.”
Legislation to override the New York City Department of Education's ban on churches meeting in public schools appeared stalled in the state Assembly after the state Senate approved a measure 55-7. Assembly Speaker Sheldon Silver, a Democrat, has not indicated he will schedule a vote, but Sen. Martin Golden, who introduced the Senate bill, reportedly said the bill has a good chance of passing the Assembly if the members are allowed to vote on it.
In response to the judge issuing a stay, New York City Council Member Fernando Cabrera said, "Now that the courts have spoken up on the side of fairness, I call on the New York State Legislature and Speaker Sheldon Silver to move forward with bills that would rapidly solve this issue.
"This court order is a fantastic victory and will calm the 60-plus congregations that were frantically searching for space. I commend the U.S. District Court for ruling justly," Cabrera, who introduced a resolution in support of churches at the city council, said.
BP news was used in this story.
|
