Posted on 08/29/2002 12:36:19 AM PDT by JohnHuang2
A Bronx church has won the right to meet on Sunday mornings in a facility owned by New York City public schools.
The district objected on grounds that "worship services" on school property violate the Constitution's Establishment Clause, which says "Congress shall make no law respecting an establishment of religion."
The Bronx Household of Faith, as well as other New York City-area churches, have been denied rental space in public school buildings for years, said attorneys for the Alliance Defense Fund, or ADF, which handled a lawsuit brought by the church against the school board.
But in June, U.S. District Judge Loretta Preska ruled that the school board was in violation of the church's First Amendment rights "by singling out worship services for exclusion from its buildings, which are open to everyone else," said an ADF statement.
"New York seems to be getting the message," said Jordan Lorence, the ADF attorney in the case. "Most jurisdictions in the country realized a long time ago it is unconstitutional to single out religious beliefs for exclusion from facilities generally open to all."
"This is a victory for people of faith everywhere in America," Lorence said.
After Preska's ruling in June, the school board appealed to the U.S. 2nd Circuit Court of Appeals in New York City, asking it to stop the church from meeting pending an appeal. But the appeals court denied the request Friday, allowing the church to continue meeting in the school district's building.
Lorence said ADF was ready to appeal the court's decision had it ruled in the school district's favor.
"Precedents handed down from the U.S. Supreme Court, such as Good News Club v. Milford in 2001 ... support the church's arguments," he said, adding that ADF was also involved in that case.
"We were ready to do whatever was necessary for the church," he said.
It was unclear whether the school district would appeal the June ruling. ADF first began arguing its case for the Bronx church in 1995.
Church pastor Robert Hall told WorldNetDaily that parishioners have met in a school district facility for the past two Sundays without incident.
"They've gone out of their way to be helpful," he said, describing school officials as "very accommodating."
"They've been very kind and very flexible," said Hall.
In a reflection of the strength of the Bronx church ruling, another church in Connecticut says it was given access to a public school building after informing school officials of the ADF victory in New York City.
Crossroads Community Cathedral in East Hartford has been given permission to use a park over Labor Day to sponsor a picnic, which will include "praise and worship time," according to ADF officials.
Attorneys for the legal group say they were able to "convince" East Hartford housing authority officials to allow Crossroads use of the park after giving them Lorence's brief in the Bronx church case.
"The cooperative effort in [ADF] is not only helping us in research time but saving our ministries money and energy that is best used in spreading the Gospel," said one organization spokesman.
Usually, the church groups use the schools for a couple of years while they are building their own facilities.
Usually, the church groups use the schools for a couple of years while they are building their own facilities.
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