News

Court Lets NYC Ban Worship Services in Public Schools

More than 150 churches once rented space in New York schools. But legal saga continues.

A school in New York City

A school in New York City

Christianity Today April 4, 2014
Wikimedia Commons

Church evictions from New York City public schools were condemned last year by city council members. But yesterday, an appeals court once again ruled NYC's ban on churches renting public schools for worship services is constitutional.

While the rule doesn't exclude religious groups who want to use school grounds to "teach religion, sing hymns, recite prayers, and express or advocate their religious point of view," worship services cross the line by giving the "appearance of endorsement" and exposing the New York City school board to "substantial risk of liability," according to the Second Circuit opinion. Facts & Trends offers more details.

The New York Times puts the ruling in context:

The decision does not mean that the city must force religious groups out of the schools, but merely that a city prohibition on religious worship services in schools would comply with the Constitution. The impact of the decision was not immediately clear; Mayor Bill de Blasio has repeatedly said that he supports the right of religious organizations to hold worship services in public schools, in contrast with the policy of Mayor Michael R. Bloomberg.

The much-watched case was brought by Bronx Household of Faith, pastored by Robert Hall and Jack Roberts, who say their congregation of 90 is too large and their budget too small to meet anywhere else. The case has been tossed back and forth in the courts for almost 20 years, and this is its fifth appearance before the Second Circuit, reports the New York Law Journal.

The decision overturned Judge Loretta Preska's injunction against the policy, which she issued because it discriminated "between those religions that fit the 'ordained' model of formal religious services and those worship services that are far less structured."

Judge John Walker disagreed with the opinion, writing that "shutting the door to religious worship services in such a setting when every other activity is permitted strikes at the [Free Exercise] Clause's core."

The ban on worship services "plainly discriminates against religious belief and cannot be justified by a compelling government interest," Walker wrote in his dissent.

The ban affects more than just the Bronx Household of Faith. About 160 New York City congregations worshiped in school buildings in 2011, the year before the ban was put in place and then temporarily suspended, according to Lifeway Research.

A Lifeway study found that 65 percent of Americans believe public schools should rent to churches and other community groups, while 16 percent said that schools should rent to community groups but not churches. Twelve percent thought schools should rent to neither.

Ed Stetzer explains on his CT blog three reasons why schools should still rent to churches.

CT has reported on the legal wrangling over NYC public school space, including protests of New York pastors (one started a hunger strike), and Preska's injunction. Tim Keller called the attempt to oust churches "unwise." CT also editorialized on the issue.

Our Latest

News

As Malibu Burns, Pepperdine Withstands the Fire

University president praises the community’s “calm resilience” as students and staff shelter in place in fireproof buildings.

The Russell Moore Show

My Favorite Books of 2024

Ashley Hales, CT’s editorial director for print, and Russell discuss this year’s reads.

News

The Door Is Now Open to Churches in Nepal

Seventeen years after the former Hindu kingdom became a secular state, Christians have a pathway to legal recognition.

Why Christians Oppose Euthanasia

The immorality of killing the old and ill has never been in question for Christians. Nor is our duty to care for those the world devalues.

China’s Churches Go Deep Rather than Wide at Christmas

In place of large evangelism outreaches, churches try to be more intentional in the face of religious restrictions and theological changes.

Wire Story

Study: Evangelical Churches Aren’t Particularly Political

Even if members are politically active and many leaders are often outspoken about issues and candidates they support, most congregations make great efforts to keep politics out of the church when they gather.

News

Investigation to Look at 82 Years of Missionary School Abuse

Adult alumni “commanded a seat at the table” to negotiate for full inquiry.

Have Yourself an Enchanted Little Advent

Angels are everywhere in the Bible. The Christmas season reminds us to take them seriously.

Apple PodcastsDown ArrowDown ArrowDown Arrowarrow_left_altLeft ArrowLeft ArrowRight ArrowRight ArrowRight Arrowarrow_up_altUp ArrowUp ArrowAvailable at Amazoncaret-downCloseCloseEmailEmailExpandExpandExternalExternalFacebookfacebook-squareGiftGiftGooglegoogleGoogle KeephamburgerInstagraminstagram-squareLinkLinklinkedin-squareListenListenListenChristianity TodayCT Creative Studio Logologo_orgMegaphoneMenuMenupausePinterestPlayPlayPocketPodcastRSSRSSSaveSaveSaveSearchSearchsearchSpotifyStitcherTelegramTable of ContentsTable of Contentstwitter-squareWhatsAppXYouTubeYouTube