The Christian Post reports that churches in New York City will be allowed to return to public schools starting this weekend after winning a court order Friday.
District Judge Loretta Preska granted a preliminary injunction against the city’s ban on weekend worship services in vacant school buildings after determining that the plaintiff – the Bronx Household of Faith – demonstrated irreparable harm and will likely win its lawsuit against the Board of Education.
The judge wrote in the court opinion that the church has a good chance of winning based on the argument that the ban “fosters excessive governmental entanglement with religion” and violates the Free Exercise Clause of the First Amendment – which provides that “Congress shall make no law … prohibiting the free exercise [of religion].”
The city plans to appeal the ruling.
Jordan Lorence, senior counsel of the Alliance Defense Fund, commented, “The city can’t single out religious expression and treat it worse than the expression of everybody else.
“The court’s order allows churches and other religious groups to meet in empty school buildings on weekends just as non-religious groups do while the lawsuit proceeds. The city’s view of the First Amendment is wrong, and we intend to continue to demonstrate that in court.”
The Alliance Defense Fund has been defending the Bronx church since 1995 after its application to rent a public school building for Sunday services was rejected.
While it was able to win a temporary injunction in 2002 to worship at the school, the 2nd Circuit Court of Appeals ruled against the church in 2011. The U.S. Supreme Court declined to review the case in December 2011.
The ban on worship services at public schools went into effect on Feb. 12, affecting more than 60 other churches in New York City.
Click Here to read the full report by the Christian Post.
