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The Supreme Court should
reverse the New York court's
decision because Kiryas Joel's
school district does not consti-
tute a governmental establish-
ment of religion. Even a cursory
review of the four opinions is-
sued on this case by New York's
Court of Appeals demonstrates
that that court could not find
that religion is taught within
the school district's public school
As the dissenting opinion ob-
served, there is no dispute that
the educational program pro-
vided in the Kiryas Joel school
district "is exclusively and thor-
oughly non-sectarian." The
"staff is secular; all regulatory
monitoring is of the tradition-
ally accepted educational vari-
ety and is designed to assure
that the secular staff adheres
to the state-approved secular
curriculum." Although Satmar
precepts generally preclude in-
termingling the sexes, the
school's staff teaches "mixed
classes of boys and girls a whol-
ly secular curriculum." Indeed,
the New York Times reported
on Jan. 3 that "no classes in the
Kiryas Joel school district deal
with religious content" and that
during the recent Chanukah
holiday "no menorahs or holi-
day decorations were visible
even though such symbols are
common in public schools."
At issue in this case is a pub-
lic school district that was cre-
ated to deliver secular — not
religious — educational needs
to a particular community.
There certainly would be no
challenge to the legislation —
except that the community in
this case happens to be reli-
The legislation at issue does
not offend the First Amend-
ment because it satisfies crite-
The legislation at
issue does not of-
fend the First
cause it satisfies
criteria set by the
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ria set by the Supreme Court.
The law has the "secular pur-
pose" of delivering special ed-
ucation to Satmar children in a
setting where they can learn
free of traumatic distractions.
It also does not foster an "ex-
cessive government entangle-
ment with religion" because the
school district does not offer re-
ligious instruction and is su-
pervised by secular public
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