In the Matter of Tessim Zorach et al., Appellants,
v.
Andrew G. Clauson, Jr., et al., Constituting The Board of Education of the City of New York, et al., Respondents, and Greater New York Coordinating Committee on Released Time of Jews, Protestants and Roman Catholics, Intervener, Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued May 31, 1951.
Decided July 11, 1951
Attorney(s) appearing for the Case
Kenneth W. Greenawalt, Leo Pfeffer, Edwin Lukas and Sol Rabkin for appellants.
Frank E. Karelsen, Jr., and David I. Ashe for Public Education Association and another, amici curiæ, in support of appellants' position.
Theodore Leskes, Will Maslow and Arnold Forster for American Jewish Committee and others, amici curiæ, in support of appellants' position.
R. Lawrence Siegel for Committee on Academic Freedom of the American Civil Liberties Union and another, amici curiæ, in support of appellants' position.
John P. McGrath, Corporation Counsel (Michael A. Castaldi, Seymour B. Quel and Arthur H. Kahn of counsel), for Board of Education of the City of New York, respondent.
Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Ruth Kessler Toch and John P. Powers of counsel), for Commissioner of Education of the State of New York, respondent.
Charles H. Tuttle, Porter R. Chandler and Louis M. Loeb for Greater New York Coordinating Committee on Released Time of Jews, Protestants and Roman Catholics, intervener-respondent.
Orrin G. Judd and Robert McC. Marsh for National Council of the Churches of Christ in the United States of America, amicus curiæ, in support of respondents' position.
LEWIS, CONWAY and DYE, JJ., concur with FROESSEL, J.; LOUGHRAN, Ch. J., concurs for affirmance upon the authority of People ex rel. Lewis v. Graves (245 N.Y. 195); DESMOND, J., concurs for affirmance in a separate opinion; FULD, J., dissents in opinion.
Court of Appeals of the State of New York.
FROESSEL, J.
This appeal challenges the constitutionality of the long-standing "released time" program in New York City, whereby parents may withdraw their children from the public schools one hour a week to receive religious instruction in the faith of their acceptance.
For many years released time existed in this State without express statutory authority. Then in 1940, the State Legislature, by an almost...
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