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Metro Dtokr tar Ova 35 teas
High Court Hears
Two Religion Cases
Washington (JTA) — Jewish
groups were split over two
cases heard by the U.S.
Supreme Court with impor-
tant ramifications for chur-
ch-state relations and free
speech protection.
One case, Zobrest vs.
Catalina Foothills School
District, deals with whether
or not a deaf high school stu-
dent who attends parochial
school can have a sign lang-
uage interpreter paid for
with public funds.
In the other case, Lamb's
Chapel vs. Center Moriches
Union Free School District,
the justices must rule on
whether an evangelical
church group can use a
public school, after school
hours, to show a movie with
a Christian theme.
Both of these cases could
have repercussions in the
Jewish community, and
Jewish groups have filed
friend-of-the-court briefs and
taken a strong interest in
their outcomes.
The oral arguments were
often lively and were punc-
tuated by laughter from
those viewing the pro-
ceedings.
James Zobrest, the deaf
student, was in the au-
dience, and the court, for the
first time, had a sign-
language interpreter pre-
sent.
Mr. Zobrest's attorney,
William Ball, argued that an
interpreter was a "window
of communication" who
would be conveying religious
messages, but would not
have the authority of a
teacher.
He dismissed arguments
that the interpreter would
be seen by other children in
the class as symbolizing a
church-state union.
John Richardson, arguing
for the school district, said
that the school district could
provide services for the stu-
dent, unlike this service,
that were not involved in
"religious indoctrination."
The American Jewish
Congress, the Religious Ac-
tion Center of Reform
Judaism and several Or-
thodox groups are siding
with the student in the
Zobrest case, arguing that
the use of public funds to pay
for an interpreter in a
parochial school would not
infringe on the wall
separating church and state.
Abba Cohen, director of
the Washington office of
Agudath Israel of America,
an Orthodox group, said that
the student and his family
are being placed in an
"unfortunate position," in
which they are in effect be-
ing asked to choose between
giving up a religious edu-
cation or giving up state aid.
Nathan Lewin, a Wash-
ington attorney who serves
as vice president of COLPA,
the National Jewish Com-
mission on Law and Public
Affairs, which represents
the interests of observant
Jews in courts and
legislatures, said that the
brief filed by his group in the
case asked the court to go
further than the petitioner's
brief.
COLPA, Mr. Lewin said,
asked the court to - re-
examine past cases decided
on a 5-4 basis that denied aid
to handicapped children on
parochial school premises.
The American Jewish
Committee and the Anti-
Defamation League are
Jewish groups
filed briefs
in the cases.
among groups filing briefs
on the side of the school
district.
These groups believe that
the presence of a public
employee in a parochial
school, interpreting infor-
mation that could include
some religious content,
would violate the clause of
the First Amendment pro-
hibiting government
"establishment of religion,"
or government backing of re-
ligious practices.
"What we are saying,"
said Michael Lieberman, as-
sociate director and counsel
of ADL's Washington office,
"is that we have a situation
with a public employee in-
side a pervasively sectarian
institution."
The Zobrest case is just
"one more skirmish in an
unrelenting war" to have
"public funding in non-
public schools," said Samuel
Rabinove, AJCommittee's
legal director.
AJCommittee, Mr.
Rabinove said, "believes
that public funds should go
to public schools only."
Otherwise, he added, Amen
can education could beco
fragmented, with each gro
using "public tax dollars
their own schools."