Religion & American Law

Worship Services on Public-School Property

During Bill de Blasio's campaign for mayor of New York City in 2013, he vowed to reverse a city policy that prohibits public schools from renting out space to churches.  De Blasio won the election with 73 percent of the vote, which some might argue would constitute a mandate, yet he has still not overturned the policy.  The power to change the policy lies within de Blasio's executive control, yet his administration has changed its standpoint on the issue, as explained in a Christianity Today article.

De Blasio's administration filed a brief supporting the city's current standpoint on the policy stating that banning churches from renting public schools "does not involve any government-imposed prohibition, restraint, or burden on religious exercise."  They argue that prohibiting churches from renting places to worship in public school spaces is "viewpoint neutral," and they are therefore not inhibiting anyone's first-amendment rights.

The New York City Board of Education believes that allowing churches to rent space in public schools gives churches a government subsidy because they avoid paying higher rental prices at other sites throughout the city.  They argue that permitting them to worship at New York City public schools would constitute an establishment of religion.  Public schools are intended to be forums that are open to the public and viewpoint-neutral, and the New York City government has decided that allowing churches to rent spaces in public schools is not neutral.

Green v. Galloway is used as precedent for New York prohibiting churches from renting spaces.  They use this case to argue that the city can prohibit services "simply because all religions do not hold to them."

I completely disagree with what the city has decided.  I understand the fear that New York City has of establishing a religion, but if New York were impartial to all religions, and allowed all religions to worship in rented school buildings, establishment would be avoided.  In a separate Christianity Today article discussing the original Court of Appeals ruling permitting the ban of churches renting public spaces, the author argues that churches do not make a school a church any more than a Boy Scout troop renting the space would make it a Boy Scout Lodge.  The church is simply using a public space, to exercise their freedom of religious speech and worship, and this in no way constitutes an establishment of religion--especially if other religions are permitted to worship in public schools.   If the city only allowed churches--not synagogues, for example--to use public schools, that would be a clear establishment of religion, but by opening the use of public schools to all religions, New York City would remain neutral avoiding establishment, and increase revenue for the city by collecting rental fees.

Because churches are wanting to rent space in schools outside of regular school hours, I would even argue that forbidding churches from using this space would be discrimination and an impediment to their free exercise of religion.  No one is being subjected to attend these worship services, and students are most likely not on school grounds during the times when religious groups would be using the space, so there is no argument that people would be forced to be subjected to these doctrines.  Preventing a church from using a public school as a place to worship could also pose the threat of disbanding the church.  The city sees providing the church a lower price to rent space as a government subsidy, but it could be all that the organization can afford.  If not allowed to rent space at public schools, the church might not be able to pay rent at other locations throughout the city, which I view as a bigger threat to their free exercise.  I see banning churches from renting space in public schools to worship on weekends as an unnecessary hindrance to their free exercise of religion.

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