AM. HUMANIST v. MATAWAN-ABERDEEN


115 A.3d 292 (2015)

440 N.J. Super. 582

AMERICAN HUMANIST ASSOCIATION and John and Jane Doe, Individually and as parents and next friends of Doe child, Plaintiffs, v. MATAWAN-ABERDEEN REGIONAL SCHOOL DISTRICT and David M. Healy, in his capacity as Superintendent of Schools, Defendants, and The American Legion, The American Legion Department of New Jersey, The American Legion Matawan Post 176, Frank Jones, Michele Jones, S. Jones, F. Jones, H. Jones, and the Knights of Columbus, Defendants-Intervenors.

Superior Court of New Jersey, Law Division, Monmouth County.

Decided February 4, 2015.


Attorney(s) appearing for the Case

Arnold N. Fishman (Law Offices of Fishman & Fishman, L.L.C., Lawnside, attorneys), David A. Niose (Law Offices of David Noise) of the Massachusetts bar, admitted pro hac vice, and Monica Lynn Miller (American Humanist Association) of the California and District of Columbia bars, admitted pro hac vice, for plaintiffs.

David B. Rubin (David B. Rubin, P.C., Metuchen, attorneys) and Rita F. Barone , (Purcell, Mulcahy, O'Neill & Hawkins, Bedminster, attorneys), for defendants.

James A. Paone, II (Lomurro, Davison, Eastman & Munoz, P.A., Freehold, attorneys), Eric C. Rassbach of the California bar, admitted pro hac vice, and Diana M. Verm of the District of Columbia and Virginia bars, admitted pro hac vice (The Becket Fund for Religious Liberty, attorneys), for defendants-intervenors Frank Jones, Michele Jones, S. Jones, F. Jones, H. Jones and the Knights of Columbus.

Glen A. Sproviero (Fishkin Lucks, L.L.P., Newark, attorneys), Gerald J. Russello and Christopher R. Mills of the New York bar, admitted pro hac vice (Sidley Austin, LLP, attorneys), Jeff Mateer of the Texas bar, and Roger Byron of the Texas and Kentucky bars, admitted pro hac vice (Liberty Institute) for defendants-intervenors, The American Legion, The American Legion Department of New Jersey, and The American Legion Matawan Post 176.


"The preamble to the New Jersey Constitution provides: "We, the people of the State of New Jersey, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations, do...

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