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MATTER OF GRIFFIN v. COUGHLIN

88 N.Y.2d 674 (1996)

673 N.E.2d 98

649 N.Y.S.2d 903

In the Matter of David Griffin, Appellant, v. Thomas A. Coughlin, III, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 11, 1996.

Attorney(s) appearing for the Case

Robert N. Isseks, Middletown, and Alex Smith for appellant.

Dennis C. Vacco, Attorney-General, Albany (Julie S. Mereson, Victoria A. Graffeo and Peter H. Schiff of counsel), for respondents.

Marc D. Stern, New York City, and Lois C. Waldman for The American Jewish Congress, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE and SMITH concur with Judge LEVINE; Judge BELLACOSA dissents and votes to affirm in a separate opinion in which Judge CIPARICK concurs.

LEVINE, J.

On this appeal we hold that, under the Establishment Clause of the United States Constitution's First Amendment, an atheist or agnostic inmate may not be deprived of eligibility for expanded family visitation privileges for refusing to participate in the sole alcohol and drug addiction program at his State correctional facility when the program necessarily entails mandatory attendance at and participation...

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