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’s dismissal, holding that New York’s released‑time program for religious instruction does not violate the Establishment Clause or the Free Exercise Clause of the First Amendment as applied through the Fourteenth Amendment. The court distinguished the program from the unconstitutional scheme in McCollum and relied on its own precedent in People ex rel. Lewis v. Graves.