Apparently the Supreme Court's decision is not good enough to the NY State Legislature when it comes to allowing religious groups to worship in city schools. Last June, the U.S. Second Circuit of Appeals ruled that NYC public schools can prohibit religious services, and the Supreme Court refused to hear the case, letting the Second Circuit's decision stand. But, still, the State Senate will consider a bill to allow religious services in schools. And the NYCLU wants to remind lawmakers why it's a terrible idea.

The City Council is considering a resolution to support the state legislation, NYCLU Executive Director Donna Lieberman said in testimony to the Council, "The NYCLU champions the right of all New Yorkers to worship, or not, as they choose. But turning our public schools into churches every Sunday undermines the core American principle of separation of church and state. Our public schools serve children of all faiths equally. Converting our schools into churches sends a message to the community - and to children - that the government favors Christian churches. It creates a climate of discrimination, intolerance and animosity that has no place in public schools." The NYCLU lhas reasons why allowing churches to worship in schools violates the First Amendment:

Inviting discrimination. School buildings are not equally available to all faiths. Christian churches that worship on Sunday have greater access to schools than religious groups that worship on other days of the week when schools are not available. The church that gets to pray in school every week is likely to be viewed as the “favorite” by the kids who go to the school and the community at large. It gives kids the impression that one religious group is favored over others and risks creating a climate of intolerance, bigotry and animosity that has no place in our public schools.

Subsidizing religion. Churches that use New York City schools for worship services do not pay rent or utility fees when they use school buildings. They pay a nominal fee for janitorial services—an amount far below average fair market rents. This led the federal appeals court to conclude that the city “foots a major portion of the costs of operation of a church.”

Converting public school buildings into neighborhood churches. The federal appeals court observed that churches “tend to dominate the schools on the day they use them.” They use the largest rooms, often for the entire day. Church members distribute fliers and post signs outside the buildings. Both congregants, members of the public and the children who attend the school come to identify the schools as churches.

The Appeals Court's decision noted, "When worship services are performed in a place, the nature of the site changes. The site is no longer simply a room in a school being used temporarily for some activity. The church has made the school the place for the performance of its rites, and might well appear to have established itself there. The place has, at least for a time, become the church."

The Times has an editorial criticizing the Legislature's attempt to allow services in schools, and adds, "Lawmakers are under stiff pressure to pass the legislation. To their discredit, some 35 New York City Council members are supporting a resolution urging Albany to act. They should know better than to play politics on the church-state line."

The legal action was spurred by the Bronx Household of Faith's battle with the city to hold services in public schools. When the Supreme Court let the Second Circuit ruling stand, the church's lead attorney argued it was wrong, "(The city) allows anything pertaining to the welfare of the community—that ranges from labor union meetings, to Alcoholics Anonymous groups, to filming episodes of ‘Law & Order’ - and one of the things prohibited is private worship services. When these school buildings stand empty on Sunday mornings, it benefits the community to open them up and allow religious groups to meet."