ZORACH ET AL.
v.
CLAUSON ET AL., CONSTITUTING THE BOARD OF EDUCATION OF THE CITY OF NEW YORK, ET AL.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued January 31-February 1, 1952.
Decided April 28, 1952.
Attorney(s) appearing for the Case
Kenneth W. Greenawalt argued the cause for appellants. With him on the brief were Leo Pfeffer and Edwin J. Lukas.
Wendell P. Brown, Solicitor General, argued the cause for the Commissioner of Education of the State of New York, appellee. With him on the brief were Nathaniel L. Goldstein, Attorney General, and Ruth Kessler Toch and John P. Powers, Assistant Attorneys General.
Michael A. Castaldi argued the cause for the Board of Education of the City of New York, appellee. With him on the brief were Denis M. Hurley, Seymour B. Quel, Daniel T. Scannell and Arthur H. Kahn.
Charles H. Tuttle argued the cause for the Greater New York Coordinating Committee on Released Time of Jews, Protestants and Roman Catholics, appellee. With him on the brief was Porter R. Chandler.
Briefs of amici curiae supporting appellees were filed on behalf of the States of California, by Edmund G. Brown, Attorney General, William v. O'Connor, Chief Deputy Attorney General, and Howard S. Goldin, Deputy Attorney General; Indiana, by J. Emmett McManamon, Attorney General; Kentucky, by J. D. Buckman, Jr., Attorney General, and M. B. Holifield, Assistant Attorney General; Maine, by Alexander A. LaFleur, Attorney General; Massachusetts, by Francis E. Kelly, Attorney General, Charles H. Walters, Assistant Attorney General, and William F. Marcella; Oregon, by George Neuner, Attorney General, Robert F. Maguire and William E. Dougherty; Pennsylvania, by Robert E. Woodside, Attorney General, and Harry F. Stambaugh; and West Virginia, by William C. Marland, Attorney General, and Thomas J. Gillooly, T. D. Kauffelt and Eston B. Stephenson, Assistant Attorneys General.
Supreme Court of United States.
MR. JUSTICE DOUGLAS delivered the opinion of the Court.
New York City has a program which permits its public schools to release students during the school day so that they may leave the school buildings and school grounds and go to religious centers for religious instruction or devotional exercises. A student is released on written request of his parents. Those not released stay in the classrooms. The churches make weekly...
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