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MALNAK v. YOGI

Nos. 78-1568, 78-1882.

592 F.2d 197 (1979)

Alan B. MALNAK, and Edwina K. Malnak, Harry C. Boone and Evelyn M. Boone, Harry C. Boone and Evelyn M. Boone, as guardians ad litem for their infant son David, William E. Gury and Margaret M. Gury, William E. Gury and Margaret M. Gury, as guardians ad litem for their infant daughter Laura Jean, Joseph G. Lerner, Joseph M. Duffy, Rev. Dr. Samuel A. Jeanes, Americans United For Separation of Church and State, a Non-Profit Corporation, Spiritual Counterfeit Project, Inc., a Non-Profit Corporation, Coalition For Religious Integrity, an Unincorporated Association v. Maharishi Mahesh YOGI, Spiritual Regeneration Movement Foundation, World Plan Executive Council — United States American Foundation For Creative Intelligence, Maharishi International University, Charles F. Lutes, Jerome W. Jarvis, Robert B. Kory, Janet Aaron, Board of Education of Maplewood — South Orange, New Jersey School District, Board of Education of Glen Ridge, New Jersey School District, Board of Education of West New York, New Jersey School District, Board of Education of Union City, New Jersey School District, New Jersey State Department of Education, New Jersey State Board of Education, Fred G. Burke, as New Jersey Commissioner of Education, Charles Wilson, State of New Jersey, United States Department of Health, Education and Welfare, and United States of America, David Mathews, Secretary of the United States Department of Health, Education, and Welfare. Appeal of WORLD PLAN EXECUTIVE COUNCIL — United States, Jerome W. Jarvis, Robert B. Kory, and Janet Aaron.

United States Court of Appeals, Third Circuit.

Decided February 2, 1979.

Attorney(s) appearing for the Case

Steven M. Druker, Fairfield, Iowa, Peter R. Sterling, Morristown, N. J., for appellants, McCarter & English, Newark, N. J., of counsel.

Julius B. Poppinga, on brief, Geoffrey M. Johnson, Newark, N. J., for appellees.

Before ALDISERT, ADAMS and HUNTER, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This appeal requires us to decide whether the district court erred in determining that the teaching of a course called the Science of Creative Intelligence — Transcendental Meditation (SCI/TM) in the New Jersey public high schools, under the circumstances presented in the record, constituted an establishment of religion in violation of the first amendment of the United States...

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