“The city can’t single out religious expression and treat it worse than the expression of everybody else,” said ADF senior counsel Jordan Lorence. “The court’s order allows churches and other religious groups to meet in empty school buildings on weekends just as non-religious groups do while the lawsuit proceeds.

A federal judge handed New York City churches a major victory Friday, issuing a preliminary injunction that will allow congregations to meet in schools while the lawsuit proceeds — that is, unless the city wins on appeal.

The order by District Judge Loretta Preska made clear that all churches — and not just the named plaintiff, Bronx Household of Faith — will be able to meet in public schools. Unlike her previous order that was to last only 10 days, Preska’s latest decision contains no expiration date, meaning it will remain in effect while the case proceeds — or until a higher court decides differently. City attorneys said they would appeal.

Congregations are attempting to overturn a New York City Department of Education rule that prevents school buildings from being used for “religious worship services.”

Preska’s decision prevents the city from enforcing the rule against Bronx Household of Faith or “any similarly-situated individual or entity.”

“If a rule is unconstitutional, it is unconstitutional as to all similarly-situated parties,” Preska wrote.

Preska no doubt had in mind the U.S. Second Circuit Court of Appeals which, after she issued her temporary 10-day order Feb.16, ruled that it applied only to Bronx Household of Faith.

Read the decision online here

[Editor’s note: This article is incomplete. The source for this document was originally published on bpnews.net—however, the original URL is no longer available.]