DAVIS v. STATE

[No. 100, September Term, 1981.]

294 Md. 370 (1982)

451 A.2d 107

IRVING DAVIS, SR. v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided October 5, 1982.


Attorney(s) appearing for the Case

Barbara Mello and Robert L. Beaman for appellant.

Henry E. Schwartz, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, and Randall M. Lutz, Assistant Attorney General, on the brief, for appellee.

The cause was argued before SMITH, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ., and J. DUDLEY DIGGES, Associate Judge of the Court of Appeals (retired), specially assigned.


ELDRIDGE, J., delivered the opinion of the Court.

The State of Maryland, by statute and implementing regulations, prohibits school officials from admitting pupils who have not been immunized from certain diseases, except pupils whose parents are members or adherents of a "recognized church or religious denomination" opposing immunization. The primary issue in this case is whether, in light of the exception, the immunization requirement violates the Establishment Clause...

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