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DOREMUS v. BOARD OF EDUCATION.

No. 9.

342 U.S. 429 (1952)

DOREMUS ET AL. v. BOARD OF EDUCATION OF THE BOROUGH OF HAWTHORNE ET AL.

Supreme Court of United States.

Decided March 3, 1952.

Attorney(s) appearing for the Case

Heyman Zimel argued the cause and filed a brief for appellants.

Theodore D. Parsons, Attorney General, and Henry F. Schenk, Deputy Attorney General, argued the cause for appellees and filed a brief for the State of New Jersey. Mr. Schenk also filed a brief for the Board of Education of the Borough of Hawthorne, appellee.

Briefs of amici curiae supporting appellants were filed by Leo Pfeffer, Will Maslow and Shad Polier for the American Jewish Congress; and Kenneth W. Greenawalt, Martin A. Schenck, Arthur Garfield Hays, Morris L. Ernst and Herbert Monte Levy for the American Civil Liberties Union.

Briefs of amici curiae supporting appellees were filed by Robert E. Woodside, Attorney General, and Harry F. Stambaugh for the Commonwealth of Pennsylvania; Denis M. Hurley, Michael A. Castaldi, Seymour B. Quel, Daniel T. Scannell and Arthur H. Kahn for the City of New York on behalf of the Board of Education of the City of New York; and Albert McCay for the State Council of the Junior Order of United American Mechanics of New Jersey.

MR. JUSTICE JACKSON delivered the opinion of the Court.

This action for a declaratory judgment on a question of federal constitutional law was prosecuted in the state courts of New Jersey. It sought to declare invalid a statute of that State which provides for the reading, without comment, of five verses of the Old Testament at the opening of each public-school day. N. J. Rev. Stat., 1937, 18:14-77. No issue was raised under the State Constitution, but the Act was...

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