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NEW LIFE BAPTIST CHURCH ACADEMY v. TOWN OF EAST LONGMEADOW

Nos. 88-1610, 88-1673, 88-1611 and 88-1612.

885 F.2d 940 (1989)

NEW LIFE BAPTIST CHURCH ACADEMY, et al., Plaintiffs, Appellees, v. TOWN OF EAST LONGMEADOW, et al., Defendants, Appellees. Appeal of COMMONWEALTH of MASSACHUSETTS, Intervenor. NEW LIFE BAPTIST CHURCH ACADEMY, et al., Plaintiffs, Appellees, v. TOWN OF EAST LONGMEADOW, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided September 7, 1989.

Rehearing and Rehearing Denied October 13, 1989.

Attorney(s) appearing for the Case

Janet Steckel Lundberg with whom Richard Friedman, Susan A. Benz and Krokidas & Bluestein were on brief for defendants.

Robert H. Blumenthal, Sp. Asst. Atty. Gen., Dept. of Educ., for intervenor.

Peter J. Brann, Asst. Atty. Gen., and James E. Tierney, Atty. Gen., on brief for the State of Me., amicus curiae.

Richard G. Gay with whom Law Office of Richard G. Gay was on brief for plaintiffs, appellees.

Christopher J. Klicka and Michael P. Farris on brief for Home School Legal Defense Ass'n, amicus curiae.

Sarah Barringer Gordon, Fine, Kaplan and Black, Michael J. Woodruff, Michael Stokes Paulsen, Center for Law and Religious Freedom, Hon. Arlin M. Adams and Schnader, Harrison, Segal & Lewis on brief for Christian Legal Soc., Ass'n of Christian Schools Intern., Southern Baptist Convention, and Nat. Ass'n of Evangelicals, amici curiae.

Wendell R. Bird, David J. Myers and Law Offices of Wendell R. Bird on brief for American Ass'n of Christian Schools and Christian Legal Defense & Educ. Foundation, amici curiae.

Before BREYER, ALDRICH and SELYA, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 13, 1989.

BREYER, Circuit Judge.

This case raises questions about the extent to which the First Amendment permits a religious group to refuse to comply with state rules and procedures for determining the adequacy of the secular education that the religious group provides to children. The present controversy arises because a child cannot satisfy Massachusetts' compulsory school attendance laws by attending a private...

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