First Liberty




A New York federal district court just issued a preliminary injunction
putting on hold the state's prohibition on firearms at houses of
worship. 

First Liberty-along with the law firms Clement & Murphy and
Ganguly Brothers PLLC-recently filed a federal lawsuit against
the state of New York challenging its ban on firearms at houses of
worship. We filed suit on behalf of His Tabernacle Family Church, a
nondenominational Christian congregation in Horseheads, New York,
founded by Pastor Micheal Spencer.

This ruling is an important victory for our clients as the court
continues to consider the case. It makes clear that it's wrong
and unconstitutional to treat houses of worship more harshly while
allowing comparable secular organizations to establish their own
policies. Ryan Gardner, Counsel at First Liberty, explains:

"Singling out houses of worship for total disarmament
demonstrates hostility toward religion, leaves them defenseless to
rebuff violent attacks, sticks the state's nose into how
religious services are conducted, and defies at least two recent
Supreme Court rulings against New York. Thanks to the court's
action, New York must stop disarming its religious citizens and may no
longer leave houses of worship vulnerable to violence."

In Judge Sinatra's order granting our client's request for a
preliminary injunction, he said:

"Plaintiffs have demonstrated that the State permits countless
other private actors hosting secular activities to do what a house of
worship may not. The houses of worship exclusion is not a neutral law
of general applicability."

In late 2020, the Supreme Court issued an opinion chiding New York for
singling out religious groups for especially harsh occupancy
restrictions. In June of this year, the Court's opinion in New
York State Rifle & Pistol Association v. Bruen, invalidated New
York's tight limits on the freedom to carry a firearm outside
the home.

Even with these rulings, New York still enacted expansive restrictions
on carrying firearms outside the home, including a total ban on
carrying in houses of worship. Under its new laws, Home Depot or the
local diner can decide whether to allow patrons to protect themselves,
but churches and pastors cannot. That's discriminatory and
violates the law. The First Amendment protects houses of worship from
exactly this kind of government overreach.

First Liberty will continue fighting for and protecting the
constitutional freedoms of all houses of worship, including their
right to decide for themselves whether to allow legally possessed
firearms into their facilities. No American should be forced to
sacrifice one constitutionally protected freedom to enjoy another.



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