In an article with WORLD, First Liberty Institute’s senior counsel Jeremy Dys discussed a church’s use of public school space as the venue of their religious activities.
Dys referenced the issue that revolved around Canyon Springs Church in San Diego which has been holding worship services in the building of the San Diego Unified School District's Marshall Middle School.
He contextualized that the church paid rent to use the space and has invested over $100,000 in updates to the building.
However, activists are upset with the church's use of the building and want the school district to end the rental agreement due to a speaker discussing a topic relevant to most Abrahamic faiths.
Legality
The Los Angeles Times reported that a petition had been created to prevent the church from using the public school building on Sunday mornings.
The petition argues that, as a taxpayer-funded facility, the building should always be open and accepting.
Dys found this request strange because the issue is not about the physical condition of the building.
Rather, it is the presence of the church for a few hours, which is deemed to make the building unsafe, unaccepting, and closed.
The Los Angeles Times also reported that the San Diego Unified School District is considering ending its 25-year rental agreement with Canyon Springs Church.
A district spokesperson stated that the school facilities could not be used by a group that discriminates against individuals based on their sexual orientation, gender identity, or gender expression.
Essentially, if the church does not align with the district's beliefs, it may be forced to leave, which is against the law.
Dys stated that the Supreme Court of the United States has previously cautioned against the actions that the San Diego Unified School District is being urged to take.
He stated that when a New York school district prevented a church from using its facilities, the Supreme Court deemed it unconstitutional.
The school building had been used by various private organizations, and the court believed that allowing the church to use it would not indicate that the district endorsed any particular religion.
Furthermore, any benefit to the religious group was incidental.
In essence, it is legal for churches to gather in public school buildings.
That said, Dys argued that excluding churches due to their long-held beliefs that do not conform to recent cultural preferences may be trendy, but it is against the law.
Religious Tolerance
Dys stated that it is also unjust to exclude religious groups from renting public school facilities when other community groups are allowed to do so.
He stated that this exclusion is likely due to ideological vindictiveness rather than any valid reason.
Dys stated that churchgoers are also taxpayers and have an interest in the community that the school board represents and serves.
With this, ideologically-driven activists cannot claim a secular monopoly over taxpayer-funded facilities.
According to Dys, the San Diego Unified School District should follow the guidance of the U.S. Supreme Court, which states that the Free Exercise Clause of the First Amendment mandates the government's commitment to religious tolerance.
If any proposal for state intervention originates from animosity or distrust of religion or its practices, officials must recognize their responsibility to the Constitution and the rights it guarantees.
Dys then concluded that activists often demand tolerance from religious groups.
However, they do not offer it in return, even in situations where churches only want to use public school facilities over the weekend.
More from Crossmap:
