A city policy banning worship in public school buildings during non-school hours was put on hold today, after a federal judge issued a temporary injunction this morning that will allow churches and other religious groups to continue holding services in schools, at least for the next 10 days.
The ban was supposed to go into effect Sunday, Feb. 12, following a federal court’s decision last spring that the Department of Education could legally evict the religious groups on the grounds of separation of church and state. Bronx Household of Faith, a small University Heights-based church that has held services in the auditorium of PS 15 since 2002, has been been fighting the city’s policy for over a decade. This week, a Christian legal group representing the church, the Alliance Defense Fund (ADF), requested the injunction after the city’s Law Department denied a judge’s request Monday to let the churches remain while the court considered the issue.
“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,” said ADF lawyer Jordan Lorence. “ADF will continue to fight this battle relentlessly until the city no longer unconstitutionally prohibits activity for purely religious reasons.”
Opponents of the ban, including many of the city’s religious leaders and Bronx City Councilman and pastor Fernando Cabrera, are hoping to have the issue resolved legislatively, and have been campaigning in support of a state bill that would reverse the city’s ban. The legislation was passed by the State Senate but has not been approved by the Assembly, where it was introduced by Bronx Assemblyman Nelson Castro. Assembly Speaker Sheldon Silver, who decides what bills come up on the Assembly floor for a vote, is looking for a more narrow version of the bill than the one that’s been proposed, according to a spokeswoman.
“He feels that the Senate bill is very broad, and would allow any organization to come into the school,” said Sheldon staffer Kerri Biche. “He’s glad it’s being addressed in the court since it’s a constitutional issue. He looks forward to the court’s decision as a guide for any legislation.”