Bill to legalize using City buildings for religion

For our consideration, state Sen. Rev. Ruben Diaz has passed along the bill that would allow houses of worship to use schools and NYCHA buildings for religious meetings and worship. I thought I'd pass it along further.

This bill has hit the spotlight after City Councilman Fernando Cabrera was arrested last week with six other pastors while they were protesting against the status quo.

It has been introduced into the Senate by Sen. Martin Golden and so far cosponsored by Diaz and six other senators. "We are working very hard to get more senators to sign onto this bill," Diaz said.

The bill is sponsored in the Assembly by Bronx Assemblyman Nelson Castro.

SUMMARY:
S6087  GOLDEN   Same as A 8800  Castro (MS) 
GOLDEN, DIAZ, GALLIVAN, LANZA, LIBOUS, MAZIARZ, SMITH, ZELDIN
Amd S414, Ed L
Authorizes the use of school buildings and school sites for religious meetings and worship when not in use for school purposes or when such service or worship is deemed not disruptive of normal school operations.

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SPONSORS MEMO:

NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1

BILL NUMBER: S6087

SPONSOR: GOLDEN              

TITLE OF BILL:

An act to amend the education law, in relation to authorizing religious

meetings and worship in school buildings and school sites

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to authorize the use of school buildings and

school sites for religious meetings and worship when not in use for

school purposes.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the opening paragraph and paragraph (c) of subdivision

1 of section 414 of the education law, the opening paragraph as amended

by chapter 369 of the laws of 1977 and paragraph (c) as amended by chap-

ter 345 of the laws of 2009, are amended to include:

The City of New York and community school boards and;

A provision that allows religious meetings to include, but not limited

to: meetings, services, and worship.

JUSTIFICATION:

This bill would prevent school districts from excluding groups from

meeting on school property because of the religious content or viewpoint

of their speech, including allowing religious worship services.

Currently, State Education Law allows for social, civic and recreational

meetings and entertainment on school property, as well as other uses

pertaining to the welfare of the community. State law further holds that

such meetings, entertainment and uses shall be nonexclusive and shall be

open to the general public. However, certain groups or organizations are

not always allowed to hold the types of meetings seemingly envisioned

herein, including those with religious content or viewpoints.

For example, several years ago, a U.S. appeals court ruled that the

Bronx Household of Faith church ("Bronx Household"), based in New York

City, was not permitted to use space in a Bronx public middle school for

its Sunday morning worship service. Since then, however, the United

States Supreme Court ruled in Good News Club vs. Milford Central School

that it was unconstitutional for a public school district in upstate New

York to exclude from its facilities "a private Christian organization

for children;u and the Supreme Court further held in the Good News Club

case that "by denying the club access to the school's limited public

forum on the ground that the club was religious in nature, Milford

discriminated against the club because of its religious viewpoint in

violation of the free speech clause.

In light of Milford, Bronx Household re-petitioned the U.S. appeals

court, which again upheld the school's policy banning the use of its

space for religious worship services, reasoning that "While the conduct

of religious services undoubtedly includes expressions of a religious

point of view, it is not the expression of that point of view that is

prohibited by the rule. Prayer, religious expression of devotion to God,

and the singing of hymns, whether done by a person or group, do not

constitute the conduct of worship services. These activities are not

excluded.

Groups like Bronx Household should be allowed to hold and conduct such

meetings, even in the event that such meetings include religious content

or views in their speech, so long as these meetings are open to the

general public. Some school districts have excluded groups and have

thereby acted to regulate free speech and the conduct of such members of

the public, potentially in violation of the First Amendment to the

Constitution of the United States. This bill seeks to protect such

organizations from these actions.

PRIOR LEGISLATIVE HISTORY:

(Unknown)

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.