In the Matter of Tessim Zorach, Appellants, Against Andrew G. Clauson, Jr., Constituting the Board of…

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that New York City's released‑time program – which permits parents to withdraw their children from public school for one hour a week for off‑campus religious instruction – does not violate the Establishment Clause or the Free Exercise Clause of the First Amendment. The court relied on its own precedent in People ex rel. Lewis v. Graves and distinguished the Supreme Court’s decision in McCollum as inapplicable to the facts here.