Board of Education of the Kiryas Joel Village School District v. Grimet
New York Court of Appeals
(1993)

The importance of this case transcends the narrow and unusual context in which it arises. Its resolution may well determine whether religious practitioners and communities can turn with confidence to legislative bodies for accommodation of their special needs.

Asymmetrical applications of the First Amendment's two religion clauses would pose a great threat to the interests of minority religious communities like the Hasidic Jews of Kiryas Joel. If the Free Exercise Clause is to be given so narrow a construction that minority religionists will typically not be able to look to the Constitution as a shield for protection of their religious freedoms, then the Establishment Clause ought not be given so broad a construction that opponents of religious freedom will be able to use the Constitution as a sword against legislative efforts at accommodation.

This case further demonstrates what lies at the bottom of the slippery slope created by this Court's ill-conceived rulings in Felton and Grand Rapids. In addressing the constitutionality of Chapter 748, the Court would also do well to take note of the flawed jurisprudence that precipitated the Kiryas Joel crisis in the first place.

For the reasons set forth in the dissenting opinions below, and in view of the considerations set forth herein, Agudath Israel of America respectfully urges that the decision below be reversed.