- Board of Education of Kiryas Joel Village School District v. Grumet
114 S. Ct 2481, 512 U.S. 687 (1994)
- As then constructed, law allowing school district was unconstitutional because it
violated the estsblishment clause. NYS legislature rewrote the law and the challenge to
the current law is working its way through the court system.
- Kendall v. Kendall
426 Mass. 238, 687 N.E.2d 1228 (Mass. 1997), SJC-07427. Dated December 9, 1997. Opinion
by J. Lynch.
- Restrictions placed on right of non-custodial parent, a fundamentalist Christian, to
expose children to his beliefs when children are being raised by custodial parent as
Orthodox Jews; Massachusetts law.
- Barax v. Barax
246 A.D.2d 382, 667 N.Y.S.2d 733 (N.Y. App. Div. 1998). Dated: January 15, 1998.
- Religious education of child; permissibility of sending Jewish child to Conservative
Jewish school or secular school despite stipulation and judgment that child be sent
exclusively to Orthodox Jewish school; best interest test.
- Jackson v. Benson
218 Wis.2d 835, 578 N.W.2d 602 (Wis. 1998), cert. denied, 119 S. Ct. 466 (1998). No.
97-0270. Filed June 10, 1998. Opinion by J. Steinmetz. Dissent by J. Bablitch, in which J.
- "Milwaukee Parental Choice Program providing funding to students through grade 3 to
attend private schools, both sectarian and nonsectarian, held constitutional.
- Bauchman v. West High School
132 F.3d 542 (10th Cir. 1997), cert. denied, 118 S. Ct. 2370, 141 L.E.2d 738 (1998),
Nos. 95-4084, 96-4101. Dated December 18, 1997. Opinion by J. Brorby. Concurring in part
and dissenting in part, J. Murphy.
- Jewish student in public high school choir class which performed mostly religious songs,
sometimes at religious sites, failed to state cause of action for violation of her
constitutional rights under the Establishment, Free Exercise, and Free Speech Clauses of
the U.S. Constitution; no entitlement to injunctive or declaratory relief; district court
abused discretion in exercising pendent jurisdiction over claim defendants violated
plaintiffs state constitutional rights; teachers conduct going back twenty
years not relevant in establishing whether defendants purpose was to advance
- Smith v. Wisconsin Institute For Torah Study, Inc.
218 Wis.2d 164, 578 N.W.2d 208 (Wis. Ct. App. 1998), No. 96-2922. Dated March 3, 1998.
Opinion by J. Cane.
- Yeshiva, religious high school, located in single-family residential district, could
construct dormitory as a permitted accessory use; no detrimental effect on neighborhood.
- Helms v. Picard
151 F.3d 347 (5th Cir. 1998), No. 97-30231. Dated August 17, 1998. Opinion by J. John
M. Duhe, Jr.
- "(1) Louisianas special education program is constitutional as applied in
Jefferson parish; (2) the federal instructional materials program, and its Louisiana
counterpart, are unconstitutional as applied in Jefferson parish; and (3) transportation
payments to the Jefferson Non-Public School Transportation Corporation, which provided
transportation for parochial school students, are constitutional.
- Grumet v. Pataki
244 A.D.2d 31, 675 N.Y.S.2d 662 (N.Y. App. Div.1998), affd, ___ N.Y.2d ___, ___
N.Y.S.2d ___, ___ N.E.2d ___ (1999).
- N.Y. Laws of 1997, chapter 390, allowing municipalities, existing and yet to be formed,
to form new school districts, provided an impermissible, unconstitutional religious
preference to a Village occupied exclusively by Orthodox Jewish Hasidim desiring to
provide their handicapped children with special education services in an exclusive