NYC Mayor's Controversial Move Allows Churches to Use City Schools for Worship After US Supreme Court Rejects Appeal
New York City Mayor Bill de Blasio has announced that he will allow churches to use public schools for worship space following the U.S. Supreme Court's refusal to take up an appeal on the matter.
De Blasio will seek to revamp rules that presently bar congregations, such as the Bronx Household of Faith, from using public school buildings on weekends for worship.
Wiley Norvell, spokesperson for de Blasio, said in a statement that the effort was being made now that Bronx Household of Faith's legal effort has failed.
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"The administration remains committed to ensuring that religious organizations are able to use space in city schools on the same terms provided to other groups," Norvell said in a statement shared with The Christian Post.
"Now that litigation has concluded, the city will develop rules of the road that respect the rights of both religious groups and nonparticipants."
Bronx Household of Faith's efforts to use a local public school for worship space on the weekends began in 1995 when they were denied a request.
The church and its legal representative, the Alliance Defending Freedom, argued that it was the right of the congregation to have access to public school space during non-school hours.
Critics of Bronx Household of Faith, including the school and many judges, concluded that public schools, even after hours, were not to sanction worship services.
In June 2012, a federal judge granted Bronx Household of Faith a permanent injunction allowing it and other churches the right to worship at public schools as the case proceeded.
In May 2013, while arguments were heard in an appeal, the New York City Council passed a resolution in support of churches being allowed to worship at public school buildings.
Known as Resolution 1155-2011, the measure called for "the New York State Legislature to pass and the governor to sign legislation amending the New York State Education Law to afford houses of worship equal access to school property."
Last April, a three-judge panel of the Second Circuit Court of Appeals ruled against Bronx Household of Faith, reversing a lower court ruling via a 2-1 decision.
"We conclude that the board's prohibition was consistent with its constitutional duties. We therefore vacate the injunction imposed by the district court and reverse its judgment," read the Second Circuit's majority opinion.
"The district court found that enforcement of Reg. I.Q. to exclude religious worship services would violate the Free Exercise and Establishment Clauses. We disagree. We conclude Reg. I.Q. is constitutional in light of the board's reasonable concern to observe interests favored by the Establishment Clause and avoid the risk of liability under that clause."
Last September, Bronx Household of Faith filed an appeal with the U.S. Supreme Court, which it rejected without comment on Monday.
Regarding the announcement by the mayor's office, Bronx Household of Faith pastor Robert Hall told The New York Times that he was cautiously optimistic.
"We are gratified that he is allowing the churches to stay," Hall said. "It remains to be seen what the long-term policy is going to be, however."
