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Citizens sue to block church rental

Object to public-school use despite recent decision


Posted: January 10, 2006
1:00 am Eastern

© 2009 WorldNetDaily.com



In a fight for equal access, attorneys for a public-interest firm filed a motion to dismiss a case by New York state residents who objected to a church renting public school facilities.

The residents filed suit in a New York trial court Nov. 17 against the Riverhead Central School District, claiming officials violated the First Amendment by allowing North Shore Christian Church to rent its facilities.

But attorneys for the Arizona-based Alliance Defense Fund argue "people of faith may rent and use public school facilities just like everyone else."

"Preventing them from doing so when other community groups may use the facilities is illegal," said ADF Senior Legal Counsel Jeff Shafer.

Shafer pointed out that two months ago, a federal court ruled the First Amendment requires that New York City allow the use of a public school facility for worship meetings by another church.

As WorldNetDaily reported, the U.S. District Court for the Southern District of New York ruled Nov. 17 the city of New York's board of education could not prohibit a Bronx church from holding worship meetings on school grounds. The court issued a permanent injunction following a 10-year fight to allow the church equal access to public facilities.

Also, in an unrelated case, the U.S. Court of Appeals for the 6th Circuit stated Dec. 20 "the First Amendment does not demand a wall of separation between church and state."

Shafer said, "The law is eminently clear that allowing a church to rent a school facility on equal terms with other community groups does not amount to an establishment of religion. To the contrary, the First Amendment requires equal access for churches and religious groups."

Previous stories:

Bronx church wins 10-year court battle

Church wins right to meet in public school

Bronx church presses 1st Amendment rights


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