Should Churches Be Allowed to Meet in Public Schools?

New York City Housing Authority officials have notified all of the churches who rent space in their public schools that they are no longer welcome as of Feb. 12. This decision came without warning and some say it threatens to violate an earlier Supreme Court Ruling on religious use of public space. After numerous protests and even 43 arrests, it’s happening. Here's a snarky NYTimes editorial about it. Here's an article on the protests. It begs the questions – should churches be allowed to meet in public schools?

Until we moved into our first building this year, Redemption Church always met in schools. The Olathe School District administrative officials and custodial staff were always great to work with and I will be forever grateful to them – the teachers & building administrators were another story. I used to break into a cold sweat when my assistant told me an administrator from the school was on the phone. Honestly, the most disrespected I’ve ever felt as a representative of the church was in conversation with teachers and assistant principals… just petty disrespectful stuff on the most part, things you just let go. A few times it was out of line, insulting and almost threatening..

I’ve never been able to discern where the rub was in particular. My sense was always that we were just a pain in their butt, and they resented the fact that it was district policy to allow outside groups to use “their school.” They would always call it “their school,” seemingly unaware that the community owns the school and church attendees pay taxes. Not only was the tension unnecessary, but it was short sighted. There are many benefits to having churches meeting in schools and even when we tried to offer to help, we were often rebuffed. Once we offered to install around $10,000 in sound and lighting equipment in the school we were meeting in, and we would donate it all to the school and leave it there when we left. They refused Here are just a few:

1. Churches are an important part of community life. Churches serve a vital role in the community. Healthy communities have healthy churches. In fast growing areas school districts tend to build the first public buildings long before most smaller churches can afford to build. It’s good for the community to have churches meeting in schools because the alternative would be to have no churches in that area at all. In areas like New York City or on the West Coast where property is so incredibly expensive, it makes sense to have churches meeting in schools. Schools which hold churches in contempt are missing the opportunity to share resources and join efforts to help build vital communities.

2. Renting to Churches supports the neighborhood. The MegaChurch, or video campus franchise are often the only ones with the financial means to operate in growing suburbs and places where the price of real estate is very high. Allowing churches to meet in school supports the neighborhood church model.

3. Schools can make money on this: We used to pay around $23,000 a year to the school district for very minimal usage. Other churches pay much more than this.

4. It provides more work for custodial staff: This provides more hours for district employees at no cost to the district. The custodial staff members we worked with were great at every single location. They often became good friends of people in our congregation. We always gave our janitor a pretty good Christmas bonus as well. I miss getting to see him every week.

5. Churches often donate time and resources over and above to the schools. There were a couple of teachers who seemed glad to have us involved. Members of our church volunteered to take tickets at plays and musicals (ONW has incredible arts programs, btw); we would also give gift cards to teachers, and helped with PTA events. The church who used the building before us donated tons of man hours to help the school install the sound system and lighting – all for free. I’ve heard of many churches who donate significant sound/lighting upgrades to schools. If the school would welcome the congregation as a vital part of the community, I think most churches would like to support the teachers. This could be a win win.

I get the other side. Churches can be annoying and Christians often do disrespectful stuff & overreach and offend. But most small churches like this get it - they understand school is not church, nor vice versa - we should be able to make this work for our communities and benefit both the school and the church.


6 comments:

Greg said...

You make many fine arguments Tim (recapitulated at the end of this post for anyone who did not read the blog), and every single one of them- all 5- are IRRELEVANT. The ONLY thing at issue here is the First Amendment. It has been LONG SETTLED law that the government may not use tax dollars to choose Winners & Losers in religion. The government may not display bias. If they open the public facilities for non-school related purposes, then they MAY NOT discriminate on the basis (or LACK thereof) of religious creed. If the government closes the door to ALL, then the church may NOT be allowed a special exemption to pry it open- just for them.

Meadow Lane Elementary (or Olathe NW High School) may not allow K-10 to meet on Sundays but prohibit a Mosque from meeting on Fridays. They may no prohibit a synagogue from meeting on Saturdays. They may not prohibit the Santeria from meeting there and performing their voodoo ritual. They may not prohibit the COS from meeting there and performing Black Mass. They may not prohibit the New Agers and their polished crystals. They simply may NOT. The First Amendment is a content neutral, all-or-nothing proposition. It's the LAW.

We started Edgewater Covenant Church in an elementary school as well. I well understand your recitation of the fringe benefits. I am neither hostile nor unsympathetic to your concern. However, what matters is the LAW. And on a matter this momentous, no special pleading should be allowed.

5 Fine but Irrelevant Arguments:

1. Churches are an important part of community life.

2. Renting to Churches supports the neighborhood.

3. Schools can make money on this.

4. It provides more work for custodial staff.

5. Churches often donate time and resources over and above to the schools.

http://redemptionchurchkc.com/images/highschool.jpg
http://www.redemptionchurchkc.com/images/highschool.jpg
www.redemptionchurchkc.com

Greg said...

BTW, The proper citation for this 10 year old case is

Good News Club v. Milford Central School - 533 U.S. 98

Here's the Bottom Line from the sylabus:

"Held:

1. Milford violated the Club's free speech rights when it excluded the Club from meeting after hours at the school. Pp. 106-112."

The case is readily available online, but I cannot find the Merit Briefs online. (Lots of luck finding those.)

Clarke said...

Greg-

You seem so incredibly certain of your opinion and the fact that this is settled law and yet the court decision in this case directly contradicts your claim that the law is settled, or that schools are required to allow churches access to their facility "if they open the public facilities for non-school related purposes".

As a matter of fact, the decision of the Second Circuit court of appeals (which SCOTUS has decided NOT to review) acknowledges that "Under New York State law, a local public school district may permit its facilities to be used outside of school hours for purposes such as “social, civic and recreational meetings and entertainments, and other uses pertaining to the welfare of the community,” as long as the uses are “nonexclusive
and . . . open to the general public.”
so there is no doubt that the schools are available for non-school related purposes.

HOWEVER, the decision of the Second Circuit allows the schools to specifically "prohibits the use of school facilities by outside groups outside of school hours for “religious worship services".

The Second Circuit goes on to recognize that schools can choose to restrict certain groups based on "content" saying "the exclusion of religious worship services is a reasonable content-based restriction, which does not violate the Free Speech Clause."

Here's a link to the entire decision (which considers and rejects your claim that Good News Club v Milford is even relevant to this case).

It seems fairly clear from the decision of the Second Circuit (and the refusal of SCOTUS to hear the appeal) that schools are free to craft policies that exclude ONLY religious services (as long as they exclude all religious services) while allowing other organizations access to their facilities.

So much for your claim that the the law on this has been LONG SETTLED!

Clarke said...

For some reason my link to the Second Circuit decision didn't come through. The case is "Bronx Household v. Board of Education" (http://www.ca2.uscourts.gov/decisions/isysquery/e64ee3ba-a2eb-4e8d-8d07-b1ebbf0ba251/1/doc/07-5291_complete_opn.pdf).

To directly address Tim's original post, I agree that there is some inherent value to churches (and synagogues and mosques) meeting in public schools and community centers, but I suspect that any discussion of that value will simply be drowned out by the political polarization that consumes every issue in our culture.

On the one side we'll have Fox News screaming about discrimination against Christians while the other side decries the bigotry and intolerance of the "Religious Right".

Everyone is so certain that their opinion is correct that we completely ignore the discussion of the greater good in our communities and how we, as Christians, contribute to (or distract from) it.

Tim Suttle said...

I'm enjoying hearing everyone's POV here. Greg, your line of thinking is interesting to me. I think my only response is that I'm really trying to think as a Christian and not an American. I'm not talking about what is lawful, but what is profitable? What kind of people do we want to be in our communities, and how does the church impact that while bearing witness to the lordship of Christ?

It seems that there are often times when our Christian faith makes us dubious citizens of any nation, ours is no exception. I don't really care what the case law is, as much as I try to pursue, embody, and speak for what I think is right. SCOTUS notwithstanding, what is happening to the churches in Manhattan next month is simply wrong.

Den said...

At the risk of sounding unsympathetic, I have to play devil's advocate here. The situation described by the author of the NYTimes piece does make the church in question sound as though they were taking advantage of the school system. I can see how she would feel like there was an unequal treatment of one group over another. In that situation, I'd probably feel the same way. Carry your own weight, or find someone else to take advantage of...

Our church has met in a banquet hall, a movie theater, once in a high school performing arts center, and now in our own building. All through that odyssey we've stressed that the church is not a building, but a community. In the case mentioned in the op-ed piece, the church came across as less than honorable, a poor representation of the Good News, in my view.

It sounds like you've been a good user of the school's facilities, and have carried your own weight. The fact that administrators and teachers didn't respond to that does not reflect on your own behavior and attitudes. You have been good ambassadors.

New York City has made their choice. It will be interesting to see how this works out going forward. Perhaps it's time to start thinking about underground or house churches in the Big Apple; it seems to work in China.