Judge’s Ruling Allowing Churches to Continue Using City Schools for Worship a Disappointment

In response to a federal district judge’s decision today to issue a preliminary injunction that will allow churches to continue holding worship services in New York City public schools, the New York Civil Liberties Union issued the following statement, which is attributable to NYCLU Executive Director Donna Lieberman:

“The court’s ruling says, in essence, that it is ok to transform public schools into houses of worship every Sunday with the Department of Education footing much of the bill. We disagree.

“This is a surprising ruling in light of the fact that the Second Circuit has already upheld the city’s policy. One thing that appears certain is that this case won’t end here.”

Last year, the U.S. Court of Appeals for the Second Circuit issued a decision upholding a New York City Department of Education policy prohibiting worship services in public schools. In upholding the ban, the Second Circuit explained:

“When worship services are performed in a place, the nature of the site changes. The site is no longer simply a room in a school being used temporarily for some activity. The church has made the school the place where it performs its rites, and might well appear to have established itself there. The place has, at least for a time, become the church.”