February 15, 2012
February 10, 2012. This Sunday could mark the last day that New York City churches are permitted to rent public school property for the purpose of holding weekend worship services.
Many outspoken religious leaders have identified the city’s “Extended Use of School Buildings” policy as discriminatory and unconstitutional. Especially during these challenging economic times, the effect of the policy will be devastating for churches and the communities they serve.
The city’s policy provides: “Permits may be granted for holding social, civic, and recreational meetings and entertainment, and other uses pertaining to the welfare of the community. All such uses shall be non-exclusive and open to the general public.”
But then, the controversial exception appears in the policy barring churches from utilizing the same facilities for religious worship: “No permit shall be granted for the purpose of holding religious worship services, or otherwise using a school as a house of worship.” The outright ban on houses of worship oddly falls into a series of other restrictions, including those on commercial activities; gambling; and the sale, use, consumption and/or possession of alcoholic beverages.
The dispute between churches and the city’s Department of Education concerning this controversial policy has been ongoing for nearly two decades. Recently, one of the cases, involving the Bronx Household of Faith, was appealed all the way to the U.S. Supreme Court, where the nation’s highest court announced in December that it would not review a lower federal court’s decision upholding the ban.
With adverse rulings in the federal courts, religious leaders have now turned to their state lawmakers for relief. On Monday, a decisive 52-7 majority of the New York State Senate passed a bill (S6087) that would reverse the city’s ban on churches. To be effective, the bill must now pass the New York State Assembly and be signed into law by Governor Andrew Cuomo.
Church leaders are praising the state senate’s action and hoping that other lawmakers will act swiftly to reverse the city’s discriminatory policy in time for group’s to resume services by next weekend.
This text is provided with the understanding that ECFA is not rendering legal, accounting, or other professional advice or service. Professional advice on specific issues should be sought from an accountant, lawyer, or other professional.