Kimberly STEIN, a minor, by Audrey H. Stein, his parent and next friend, et al., Plaintiffs-Appellees,
v.
Elihu OSHINSKY, Principal, Public School 184, Whitestone, New York, and
Max J. Rubin et al., constituting the Board of Education of the City of New York, and
Board of Regents of the University of the State of New York, Defendants-Appellants.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued April 29, 1965.
Decided July 7, 1965.
Attorney(s) appearing for the Case
Sidney P. Nadel, New York City (Leo A. Larkin, Corp. Counsel of City of New York, Seymour B. Quel, Joseph M. Callahan, Jr., Benjamin Offner, New York City, of counsel), for defendants-appellants Oshinsky and Board of Education of City of New York.
John P. Jehu, Albany, N. Y. (Charles A. Brind, Albany, N. Y., Counsel, State Board of Education), for defendant Board of Regents of University of State of New York.
Edward J. Bazarian, Flushing, N. Y., for plaintiffs-appellees.
Hahn, Hahn & Ford, Brooklyn, N. Y., filed brief for The Particular Synod of New York, Reformed Church in America as amicus curiæ.
Stephen A. Hochman, New York City, filed brief for New York Civil Liberties Union as amicus curiæ.
Before LUMBARD, Chief Judge, and FRIENDLY and ANDERSON, Circuit Judges.
United States Court of Appeals Second Circuit.
FRIENDLY, Circuit Judge.
The decision in Engel v. Vitale, 370 U.S. 421, 82 S.Ct. 1261, 8 L.Ed.2d 601, condemning the "Regents' prayer" as violating the Establishment Clause of the First Amendment, held to be applicable to the states by the Fourteenth, was rendered on June 25, 1962, too late to affect the 1961-62 school year. The case now before us reflects a response to that decision by parents who think their children ought have some...
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