New York bans only 'religious' groups
Pastor Dale Morgan
New York bans only 'religious' groups*
Public facilities available for all other users
Posted: March 29, 2007
Alliance Defense Fund
A lawsuit has been filed in Watertown, N.Y., because the Dulles State
Office Building there – and other state buildings – have conference
facilities that can be rented by anyone – except churches.
"The state of New York, over the last 20 years, has been the worst place
for equal access," said Jordan Lorence, senior counsel with the Alliance
Defense Fund, which is working on the case on behalf of Relevant Church.
"Even though there have been five major Supreme Court decisions from
1981 that you cannot treat religious users with religious speech worse
than everyone else, nonetheless these policies persist," he said.
The lawsuit seeks an immediate injunction ordering the state to allow
the church to rent a facility – otherwise available to anyone – for its
Easter Sunday service.
Lorence called the policy "wildly out of step" with court affirmations
of church rights.
In this specific case, the church, whose congregation has outgrown its
own building, usually rents another nearby building for its Sunday
services. However, there were scheduling conflicts on Easter and another
approaching Sunday, so officials asked to rent the Dulles State Office
Building.
Those facilities specifically are available to "nearly all groups in the
community for any 'educational, cultural, or civic' purpose." But the
state policy specifically prohibits religious "activities" or
"services," a clear violation of Supreme Court precedent, the ADF said.
"Government officials do not have the right to discrimination against
Christian groups," Lorence said. "When the state opens up a building for
community groups to rent, it must be fair and permit equal access. The
courts have repeatedly ruled on this, but here we are again."
He said courts recently have ruled in favor of two other New York
churches represented by ADF attorneys regarding equal access, including
a decision that resulted in a permanent injunction in a case involving
the New York City Board of Education.
But in Watertown, state officials have allowed the rock band Tough Luck,
a video game event, a meeting of Toastmasters, a presentation of "The
Nutcracker," a presentation by a "mural painter and social activist," a
meeting of Citizens Against Illegal Drugs, a performance of "Come Meet
Clifford the Big Red Dog," and "Bubble Mania."
But they won't rent to Relevant Church, whose pastor, Robert Miskowski,
was told that the so-called "separation of church and state" prohibited
the church from renting.
"It's astonishing that state officials would not view faith as serving
any 'education, cultural, or civic' purpose, but regardless, government
officials are required to be fair," Lorence said. "We hope that the
state will obey the law and allow this church to rent public facilities
just as other groups are permitted to do."
Lorence said the church simply as asking to rent the facility on the
same terms and conditions as other users. And he said court rulings have
made clear simply allowing a religious group to rent a facility on those
same conditions does not create a government "endorsement" of religious
statements.
He said the emergency request was pending before a federal judge, but
the ADF was preparing to appeal up to the U.S. Supreme Court if needed
to ensure the church had a place to meeting on Easter Sunday, April 8.