by Erin Roach, posted Thursday, February 16, 2012 (12 years ago)
NEW YORK (BP) -- A federal judge has intervened on behalf of New York churches, issuing a temporary restraining order that allows them to continue meeting for worship in public schools while the court deliberates over the constitutionality of the city's ban.
The churches have 'demonstrated irreparable harm and a likelihood of success on the merits of their Free Exercise and Establishment Clause claims.' -- Federal judge Loretta Preska
Judge Loretta Preska of the U.S. District Court for the Southern District of New York granted the stay, which is in effect for 10 days, because the churches "demonstrated irreparable harm and a likelihood of success on the merits of their Free Exercise and Establishment Clause claims."
Pastors in the city applauded the news, which apparently will give them at least two more Sundays in public schools.
"This is definitely an answer to prayer, and we look forward to future stories of victory with this situation," Ray Parascando, pastor of Crossroads Church in Staten Island, N.Y., told Baptist Press.
"What's going to happen now is that this stay gives churches the ability to be there on Sunday and the 10-day period will give the judge more time to render a more long-term decision that will help churches. It's extremely positive.
"It shows that there are lawmakers and judges that believe in the Constitution and the founders and framers of our country, and it's just exciting to see that there are people who still want to uphold these truths. So I'm really happy about it," Parascando said.
'This is about the future of church planting in New York.'--Ray Parascando, New York pastor
The ban on churches using public schools was issued by the New York City Department of Education, which cited a need to protect the minds of "impressionable youth." The Second Circuit Court of Appeals upheld the ban last year, and the Supreme Court declined to act on the case.
The latest legal round involves different First Amendment claims than were examined by the appeals court, says the Alliance Defense Fund, which is representing the churches. Specifically, ADF is arguing that the city's policy amounts to hostility toward churches, a violation of the Free Exercise Clause. The Second Circuit's ruling was based on an examination of the Free Speech and Establishment Clauses, not the Free Exercise Clause.
"(The NYC law) prohibits conduct undertaken for religious reasons," ADF argued in its motion before Preska. "... The effect of the Department's policy is to target religious practices."
Crossroads, a Southern Baptist congregation which met in Public School 52 for more than four years, held what it thought would be its last worship service in that location Feb. 12, joining about 60 churches -- mostly evangelical congregations -- in being evicted from meeting space they rented from the city's schools.
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