Southern District Judge Loretta Preska repeatedly asked a lawyer for New York City on Friday how the city could enforce a rule closing public schools to religious groups for weekend “worship” without violating the First Amendment.
With the case law evolving over what kind of religious activities must be allowed by city schools that open their doors to other community groups, Preska was thoroughly skeptical of how the city could determine whether it can distinguish between what it calls “worship,” which it wants to ban in the schools, and religious activities that are allowed.
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