Abraham Resnick, Plaintiff-Respondent v. East Brunswick Township Board of Education, Defendant-Appellant, and…

Summary

The Supreme Court of New Jersey reversed the Appellate Division, holding that New Jersey statutes do not bar religious groups from using public school facilities for worship and instruction when the groups fully reimburse the board for actual out‑of‑pocket costs. The Court found the statutory scheme to have a secular purpose, no primary effect of advancing religion, and no excessive entanglement, thus satisfying the Establishment Clause. It also rejected the trial court’s requirement that religious groups pay commercial rent or be limited to a one‑year term. Justice Clifford’s dissent, joined by Judge Conford, argued that the practice violates both state and federal constitutional provisions.