Legal Opinion

Marsa v. Wernik

Supreme Court of New Jersey

Decided June 8, 1981PublishedCited by 28 opinions

1Opinion of the Court

The opinion of the Court was delivered by

HANDLER, J.

The issue presented in this case is whether the commencement of public meetings of a municipal governing body with a brief exercise, variously referred to as an invocation, prayer or silent meditation, violates the Establishment of Religion Clause of the First Amendment to the United States Constitution. Challenging this practice is a resident and taxpayer of the municipality, an atheist. Defendants are the mayor and members of the municipal governing body.

The facts as they appear from the pleadings and affidavits in conjunction with motions…

2Cases cited44 opinions

  1. Lemon v. KurtzmanSupreme Court of the United States · 1971
  2. West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
  3. Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947
  4. Abington School Dist. v. SchemppSupreme Court of the United States · 1963
  5. Walz v. Tax Comm'n of City of New YorkSupreme Court of the United States · 1970

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3Cited by28 opinions

  1. Right to Choose v. ByrneSupreme Court of New Jersey · 1982
  2. State v. CameronSupreme Court of New Jersey · 1985
  3. Society of Separationists, Inc. v. WhiteheadUtah Supreme Court · 1993
  4. New Jersey State Board of Higher Education v. Board of Directors of Shelton CollegeSupreme Court of New Jersey · 1982
  5. Snyder v. Murray City Corp.Court of Appeals for the Tenth Circuit · 1998

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