Sunday, October 23, 2011
Church Worship Services in Bronx Public Schools
According to a September issue of The Wall Street Journal, there are over 60 churches in New York City who use public school for religious purposes on weekends, outside of school hours.
Currently, a church in The Bronx is taking their case to court, after being told they were not allowed to hold their Sunday worship service in a middle school building. The Bronx Household of Faith church used this middle school up to 1994, until the New York City Department for Education developed a policy banning public schools as "religious worship services, or otherwise using a school as a house of worship." This policy was written after the Ney York law that said that a public school may be used for, "social, civic and recreational meetings and entertainments, and other uses pertaining to the welfare of the community," as long as those uses are "non-exclusive and ... open to the general public." The Bronx church took their case to court but the court ruled in favor of the NYC Department of Education.
(Video of Bronx Household of Faith Church)
In 2001, in the case of Good News Club v Milford, the court ruled in favor of the religious group. The Good News Club wanted to use public school space, after school hours, to teach children bible verses, sing songs pray, and teach Bible stories. The court ruled that it was unconstitutional for the school to exclude "a private Christian organization for children."
After the ruling in favor of The Good News Club, the Bronx church went back to court and the court ruled in favor of the church and they were allowed back in the public school. However, last June, the 2nd US Circuit Court of Appeals reversed that ruling and the Bronx church asked the Supreme Court to review the case. The Supreme Court will decide whether or not to hear this case in November.
Can the government ban worship services on public school property? By doing this, does it enforce the separation of church and state or does the First Amendment protect religious worship as a freedom of expression?
The majority in the Bronx case states that the ban on religious worship does not discriminate against religion since it is neutral and supports the public school system in avoiding an establishment clause violation. Also, when churches rent out space in public schools, they pay less than renting other places. By allowing churches to use public schools, is that giving religious groups an advantage?
The opposing view sees this ruling as a violation from freedom of speech and does not see a legitimate compelling state interest in the case. Also, by allowing other social groups in the public schools, outside of school hours, the ruling is not neutral but discriminating against religious groups and violates the free exercise clause.
The Bronx Household Church’s pastor, Pastor Bob Hall, sees the church in battle against the secular society trying to silence their efforts. Unless the Supreme Court reverses the Circuit Courts ruling, Pastor Hall says it, “will put us out on the street, literally."
Especially since the New York City law allows for social meetings that are non-exclusive and work for the welfare of the community to use the public schools outside school hours, the Bronx Church should be allowed to use The Bronx Middle School. The worship services are open to the general public and are not turning the public school into a house of worship. Rather, the church community is gathering in a space to worship and pray, just like The Good News Club does with children on the weekends. If the courts ruled in favor of the Good News Club, then they should also rule in favor of The Bronx Household of Faith Church.
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