The new brief filed by ADF in the U.S. District Court for the Southern District of New York argues that while the DOE’s policy was analyzed under the free speech clause of the First Amendment, it did not consider the free exercise jurisprudence as supported by the case Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C., which ADF believes they are in violation of.

Good news may be near for dozens of New York City churches currently out of a building to meet and worship in on Sundays following an “optimistic” hearing on Tuesday.

Through the continued efforts of the Alliance Defense Fund, a new injunction may be granted by U.S. District Court Chief Justice Loretta A. Preska delaying the eviction of churches from city schools. A ban on churches using public school buildings for worship service in the weekends went into effect last Sunday.

ADF attorneys were back in court on Tuesday on behalf of the Bronx Household of Faith, hoping to seek a preliminary and/or permanent injunction against the New York City Department of Education‘s regulations banning “religious worship services” in school facilities.

They asked that the court “invalidate and restrain” the DOE’s “unconstitutional and discriminatory” policy, arguing that it violated the free exercise of religion and Establishment Clause.

“I think there is a good likelihood that the Judge is going to issue an injunction,” Jordan Lorence, the lead counsel for ADF, told The Christian Post over the phone. “We don’t know for sure but we were optimistic by how things went and we may see churches be able to meet in the public schools from Feb. 13 and onward.”

The hearing lasted an hour and a half and resulted in Judge Preska asking the DOE if they were willing to hold off on their ban – allowing churches to temporarily continue meeting in school facilities – while she reviewed the case.

With the department refusing to do so, the chief justice said she would issue some type of court order by Friday as a result.

“She has not issued it now as we speak but we expect to hear from her tomorrow,” Lorence said.

“Churches and other religious groups should be able to meet in public buildings on the same terms as other community groups,” the ADF senior counsel also noted in a statement.

“A government can’t solve the supposed problem of appearing as though it is endorsing religion by treating churches worse than everybody else. The city’s policy prohibits activity for religious reasons, and that is both unconstitutional and at odds with a recent U.S. Supreme Court decision in a different case.”

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