Legal Opinion · Concurring in part, dissenting in part
Engel v. Vitale
Appellate Division of the Supreme Court of the State of New York
Decided October 17, 1960Published
1Concurring in part, dissenting in partBeldock, J.
While I agree that the decretal provisions of the order should be affirmed, I disagree as to the grounds stated by the Justice at Special Term for his determination, and I disagree as to the nature of the further proceedings suggested by him in Ms opinion.
In my opinion the order should be affirmed, not upon the grounds stated by said Justice, but solely on the grounds that the voluntary recital of the prayer is not an act of religious training or teaching; that under proper safeguards against compulsion it is permissible; and that it violates neither the First Amendment to the Federal…
2Cases cited16 opinions
- Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Zorach v. ClausonSupreme Court of the United States · 1952
- Illinois Ex Rel. McCollum v. Board of Ed. of School Dist. No. 71, Champaign Cty.Supreme Court of the United States · 1948
- Doremus v. Board of Ed. of HawthorneSupreme Court of the United States · 1952
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