Federal judge expands churches-in-schools reprieve, allows all congregations to stay in city schools until a trial is held

Federal judge expands churches-in-schools reprieve, allows all congregations to stay in city schools until a trial is held

Federal judge expands churches-in-schools reprieve, allows all congregations to stay in city schools until a trial is held -

A Manhattan Federal Court judge Friday reversed a previous eviction of religious groups from city schools where they had long rented space for worship services.

Judge Loretta Preska had issued a 10-day reprieve to 60 churches last week, but that was then shot down by the Second Circuit Court of Appeals, which ruled that the stay applied only to the sole plaintiff in the case, the Bronx Household of Faith.

But in granting a new reprieve and extending it for an undetermined period of time, Preska said Friday that her “order extends to the Bronx Household of Faith and, in addition, to any similarly situated party.”

Preska’s ruling will be in effect until there is a trial on the merits of the case.

For 16 years, the city has fought to remove churches from schools, citing church-state separation concerns. The city declared victory last December when the U.S. Supreme Court refused to hear the case.

But the long-running legal battle came to Preska’s court after Bronx Household’s lawyers raised new First Amendment arguments. They argued that the congregation, which had been worshipping in Public School 15 in University Heights, had its right to religious freedom violated; previously they had argued that free speech rights were being denied.

City lawyers said Friday that religious organizations with pending applications for worship space in city schools will now have them evaluated as a result of the new order.

Groups that have not applied, or whose applications were denied before the order was issued, will not be given access to schools this weekend.



Read more: http://www.nydailynews.com/new-york/federal-judge-expands-churches-in-schools-reprieve-congregations-stay-city-schools-a-trial-held-article-1.1028221#ixzz1nO99Hgb6