A federal appeals court on Wednesday rejected an attempt by New York
City to keep churches out of its public schools while a judge decides
whether a city law banning them from its school buildings can be
enforced.
But the 2nd U.S. Circuit Court of Appeals encouraged a lower court judge
to act quickly after she ruled earlier this month that a small Bronx
church can continue to meet in a public school for Sunday services,
despite the city's threat to begin enforcing its ban on worship services
in city schools. She later extended the order to include all of the
roughly 40 churches meeting in public schools.
In a two-page order, the appeals court declined the city's request to
block U.S. District Judge Loretta A. Preska from preventing enforcement
while she hears the merits of a lawsuit brought by the Bronx Household
of Faith.
She said the church was likely to win its First Amendment challenge and
had demonstrated it would suffer irreparable harm if it could not
continue to use Public School 15 for Sunday morning worship services.
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