A pair of federal judges is endorsing discrimination against groups because of their faith in a ruling against churches meeting in New York City schools.

In a 2-1 ruling by the Second Circuit Court of Appeals, the court said that New York City school officials could deny Christian groups the same right to rent space inside their buildings that are offered to other groups.  The liberal judges ruled that the Free Exercise Clause did not require government to finance exercise of religion.

However, the dissenting justice pointed out the majority’s endorsement of discrimination.

“Allowing an entity to use public school space open to all others on equal terms is hardly the financing of that entity,” Judge John Waller wrote. “However, shutting the door to religious worship services in such a setting when every other activity is permitted strikes at the Clause’s core.”

The Alliance Defending Freedom, who is representing the church involved with the case, is working on an appeal of the ruling.