The debate over church use of city public-school space has been chugging through the courts since the mid-1990s. The Supreme Court has heard several high-profile cases on schools and religious life in recent years, but justices haven’t yet ruled on whether worship services should be allowed on school property.
That could make the Bronx church’s case a strong candidate for the docket, said Emily Gold Waldman, an associate professor of law at Pace Law School.
“The Supreme Court has decided a number of cases leading up to this issue,” Ms. Waldman said. “There’s still the open question of ‘what about pure religious worship?’ That’s what makes it different.”
The “Good News Club” and “Lamb’s Chapel” decisions should have some bearing on this case. In these two cases, the SCotUS has leaned toward the opinion that, if a school or school district allows outside groups to make use of their facilities during non-instructional time, any group wishing to make similar use cannot be denied, or asked to pay additional “caretaking” fees, on the sole basis that the group is a religious group. Such exclusions amount to discrimination against religious groups.
They might as well use them for church services ’cause they sure aren’t using them for education.