NY Case Challenges School Rental By Churches

The Washington Times yesterday reported on an hearing scheduled for today in a New York Federal district court in Bronx Household of Faith v. Board of Education of the City of New York. The case involves a challenge to religious groups' renting of space in public school buildings on week ends for religious services, on the same basis that school buildings are available to non-religious organizations. In 2002, the court issued a preliminary injunction allowing about 24 churches and a mix of other religious groups to meet in 1,197 schools in the city's school system. That decision was affirmed by the Second Circuit (full opinion). Now Bronx Household is now asking the district court to make the order permanent. But the city wants the the temporary injunction rescinded. Lisa Grumet, senior counsel for New York City's law department, says: "Given the diverse backgrounds of the children attending the city's schools, the city is concerned about having any public school identified with a particular religion or congregation."