Thousands of Christians in New York City must find a new place to worship by February 12, 2012 because a federal appeals court, in June 2011, affirmed the right of the New York City Board of Education to evict churches from public schools. Congregations were hopeful the Supreme Court would hear the case and overturn the appeals court decision. They were disappointed when the Court decided not to hear the case. Consequently, the 16-year dispute between the tiny, 48-member Bronx Household of Faith (BHF) and the behemoth Board of Education ended with a loss for New York’s growing churches.
In a city where real estate is scarce and expensive, and the Church is growing rapidly, public schools have offered an affordable option to over 60 congregations. Caleb Clardy, pastor of Trinity Grace Church of Brooklyn wrote in a recent article that public school MS 51 “has hosted our church at a crucial time in its growth.” He continued, “as a new church with a small budget, we quickly learned just how high a premium is charged for meeting spaces large enough for a growing congregation. Our options were very limited. When we learned we were going to be able to meet in the school auditorium, it was an answer to prayer.”
Now churches must find new accommodations in hotels, theaters, banquet halls, and other venues that are expensive and often hostile to churches. Perhaps most unfortunate, this decision poses steep challenges for the city’s many new and prospective church plants. According to the Barna Group, weekly church attendance in New York has risen from approximately 34% in 2004, to 46% in 2010. Further, the Values Research Institute reported 40% of all Evangelical churches in Manhattan began after 2000, which equals approximately 80 churches. More dramatically, during one two month period in 2009, one Manhattan church was planted each week. Like Caleb Clardy’s congregation, many of these churches rent public school space for Sunday services.
The decision and its dramatic consequences is unconstitutional, argued Jordan Lorence of the Alliance Defence Fund who represented BHF’s case. He stated in a press release that “churches and other religious groups should be able to meet in public buildings on the same terms as other community groups. They should not be excluded simply because of the religious nature of their speech.” The appeals court circumvented Supreme Court precedent allowing religious groups to use public schools, by drawing a blurred line between “worship,” and other religious activities, such as prayer groups and Bible studies. The Court ruled “a worship service is an act of organized religion that consecrates the place in which it is performed, making it a church.” The City’s Board of Education now has the authority to determine what constitutes a “worship” service, and evict groups guilty of using schools for that purpose. This reasoning was largely based on fear that impressionable children might mistakenly think their schools are churches.
The senior counsel of the New York Law Department, Jane Gordon commented that “the Department is quite properly concerned about having any school in this diverse city identified with one particular religious belief or practice.” Gordon also claimed “the decision is a victory for the city’s school children and their families.” In reality though, schools are also hurt by this ruling. Executive director of the New York Metropolitan Baptist Association, George Russ, said “the odd thing is these [churches] have blessed the schools they’ve been in,” because “they all have good relationships with the schools they’ve been in. They’ve purchased furniture for the teacher’s lounge; they’ve given video equipment to the schools. They’ve done so many thank-you kinds of projects.”
There is hope for churches though, as Fernando Cabrera, a New York City council member and pastor, plans to introduce legislation to the New York State legislature that would guarantee religious groups access to rent public school space. Cabrera reported he has “full confidence that our State Legislature and Governor will amend our education law to end the Department of Education’s exclusionary policy and allow our churches the same access afforded to other community organizations. This case was never about special treatment, it was about fairness and I fully intend to continue this fight until we see action.”
Though disappointed and frustrated, pastors directly affected by this decision have responded graciously. Trinity Grace pastor, Caleb Clardy wrote “the Christian church in New York City has a great opportunity right now. For years, schools all over the city have graciously hosted us. This has given us a wonderful opportunity. We need to be grateful for that hospitality. In these final months as tenants, we need to show our gratitude, and the love of Jesus.” Churches and church planting organizations have high ambitions to reach New York City for Christ, and although the Court’s decision presents a great challenge, it will not defeat the mission.
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