New York – A federal appeals court has ruled that the city of New York can enforce a rule prohibiting outside groups from using public school facilities after hours for religious worship services.
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The ruling by the 2nd U.S. Circuit Court of Appeals in Manhattan was released Thursday. It overturned a lower court ruling that had blocked the city from enforcing the rule.
The appeals court said the exclusion of religious worship services is a reasonable content-based restriction.
It said it also does not violate free speech.
The ruling came in a case brought by the Bronx Household of Faith, an evangelical Christian church. It has wanted to hold Sunday meetings in a public school.
A message left with the lawyer who argued on behalf of the church was not immediately returned.
The key word in this report is “can”.
The key question is “will it?”.
This can be taken to the Supreme Court… and should… no doubt.
If they pay to rent the school, what does anyone care what they do inside? More money for the school is a good thing for taxpayers!
The question is why are they using the school. Many times churches have been burned. Maybe this is the case, so we have to be a little understanding also!!
It’s easy to see that this will be overturned. There’s no compelling state interest, nor is it a law of general applicability. It specifically targets religious institutions, without sufficient reason.