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“Church Planting: A Threat to the Constitution”?
By Jeremy | December 12, 2005
Marci Hamilton, a professor at Cardozo Law School, wants you to think so. At issue for the professor is the most recent federal court decision from November 2005, which ruled that New York City cannot prevent churches from renting school buildings for Sunday morning worship. Specifically, the judge enjoined the Department of Education from enforcing its recently adopted regulation:
"No permit shall be granted for the purpose of holding religious worship services, or otherwise using a school as a house of worship. Permits may be granted to religious clubs for students that are sponsored by outside organizations and otherwise satisfy the requirements of this chapter on the same basis that they are granted to other clubs for students that are sponsored by outside organizations."What the Court essentially said is that if public buildings (specifically school buildings) are available for rent to community groups for social, civic, or entertainment purposes, they must also be available to community groups for religious purposes. To restrict use from one group while allowing it for others is an unconstitutional "viewpoint discrimination." But rather than discuss the case on its legal merits, the professor resorts to fear mongering and hyperbole:
"An evangelical movement - the record showed - has embarked on a systematic campaign to exploit public buildings for its own purposes. The movement is known as 'church-planting,' and the idea behind it is that churches will be 'planted' in public buildings, where they will 'grow.'" [Ital. added]And, perhaps even more silly:
"What is next? Will the Supreme Court be turned into the Cathedral of the Supreme Court on those days when oral argument is not being held?"This is almost as ludicrous as right-wing reactionaries believing that the Constitution is a fundamentally sacred document.
Topics: church planting, constitutional law, first amendment, politics, religious freedom | No Comments »
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