ACLU OF NJ v. HENDRICKS

A-22 September Term 2016 077885.

183 A.3d 931 (2018)

233 N.J. 181

AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY, Unitarian Universalist Legislative Ministry of New Jersey, Gloria Schor Andersen, Penny Postel, and William Flynn, Appellants-Respondents, v. Rochelle HENDRICKS, Secretary of Higher Education for the State of New Jersey, in her official capacity; and Andrew P. Sidamon-Eristoff, State Treasurer, State of New Jersey, in his official capacity, Respondents-Appellants.

Supreme Court of New Jersey.

Decided May 2, 2018.


Attorney(s) appearing for the Case

Stuart M. Feinblatt , Assistant Attorney General, argued the cause for appellant ( Christopher S. Porrino , Attorney General, attorney; Stuart M. Feinblatt, of counsel and on the briefs; Jennifer J. McGruther , Trenton, on the briefs).

Edward L. Barocas argued the cause for respondents (American Civil Liberties Union of New Jersey Foundation; Barry, Corrado & Grassi; American Civil Liberties Union Program on Freedom of Religion and Belief; Americans United for Separation of Church and State; and American Civil Liberties Union — Women's Rights Project, attorneys; Edward L. Barocas , Jeanne M. LoCicero , Frank L. Corrado , Wildwood, Lenora Lapidus , on the brief, and Galen Sherwin of the New York bar, admitted pro hac vice, Daniel Mach of the District of Columbia bar, admitted pro hac vice, Alex J. Luchenitser of the District of Columbia bar, admitted pro hac vice, on the brief).

Ross A. Lewin, Princeton, argued the cause for amicus curiae Princeton Theological Seminary (Drinker Biddle & Reath, attorneys; Ross A. Lewin , of counsel and on the brief).

Avi Schick , New York, (Dentons US) of the New York bar, admitted pro hac vice, argued the cause for amicus curiae Beth Medrash Govoha (Dentons US, attorneys; Avi Schick, of counsel and on the brief, and Joel N. Bock , Short Hills, on the brief).

Gedalia M. Stern , New York, submitted a brief on behalf of amicus curiae the National Jewish Commission on Law and Public Affairs (Hafetz & Necheles; Lewin & Lewin; and Dennis Rapps, attorneys; Gedalia M. Stern, on the brief, and Nathan Lewin , Washington, of the District of Columbia bar, admitted pro hac vice, and Dennis Rapps of the New York bar, admitted pro hac vice, of counsel and on the brief).


This appeal involves a challenge to state action based on, among other grounds, the Religious Aid Clause of Article I, Paragraph 3 of the State Constitution, specifically its prohibition against the use of public funds "for the maintenance of any minister or ministry." The challenge arose following the State Secretary of Higher Education's...

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