While stopping short of issuing an injunction, a judge told city lawyers this morning to continue allowing churches and other religious groups to worship in school facilities while she deliberates on the issue.
A Department of Education policy banning churches and other religious groups from worshiping in school buildings was supposed to take effect this past Sunday, Feb. 12. The ban would leave dozens of churches without a place to worship this coming weekend. But lawyers with the Alliance Defense Fund (ADF) filed a lawsuit earlier this month that seeks an injunction against the ban, which the ADF, religious leaders and some Bronx elected officials are calling discriminatory and unconstitutional.
Jordan Lorence, the lead lawyer for ADF, which first began challenging the DOE’s ban on behalf of Bronx Household of Faith, a small evangelical congregation in University, in 1994, was upbeat this afternoon, saying the judge basically told city officials to voluntarily delay the ban and if they don’t, she may intervene with an injunction.
Lorence said a delay or an injunction would give the state time to repeal the ban legislatively. So far, the senate has passed a repeal bill, while the assembly and Speaker Sheldon Silver have yet to bring its version of the bill to a vote. Lorence said there is nothing legally preventing the state from simply repealing the policy.
“This isn’t over yet,” Lorence said.
I believe that school auditoriums were built for the community. If churches only use them at times when classes are not in session, what purpose is an empty building serving its community? Don’t church members pay taxes as well? aren’t church members part of our communities? I would say, let them in!
The Constitution prohibits the Government from establishing religious institutions. Allowing these groups to operate on publicly owned property is a special privileged that would equate to the establishment of religion.
Our founding fathers were smart enough to keep the operation of the peoples government separate from the operation of religion.