Legal Opinion

New Jersey State Board of Higher Education v. Board of Directors of Shelton College

Supreme Court of New Jersey

Decided August 9, 1982PublishedCited by 62 opinions

1Opinion of the Court

The opinion of the Court was delivered by

O’HERN, J.

Two provisions of New Jersey’s education law, N.J.S.A. 18A:68-3 and N.J.S.A. 18A:68-6, prohibit the conferring of baccalaureate degrees by any institution that has not secured a license from the State Board of Higher Education. We hold that application of these statutes to a sectarian college whose religious doctrine precludes state licensure does not violate the First Amendment.

I

Shelton College is an institution of higher education operated by the Bible Presbyterian Church as part of the church’s religious mission. Members of this…

2Cases cited39 opinions

  1. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  2. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  3. Middlesex County Ethics Committee v. Garden State Bar Ass'nSupreme Court of the United States · 1982
  4. Lemon v. KurtzmanSupreme Court of the United States · 1971
  5. Wisconsin v. YoderSupreme Court of the United States · 1972

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3Cited by62 opinions

  1. Coons v. American Honda Motor Co., Inc.Supreme Court of New Jersey · 1984
  2. State v. DillihaySupreme Court of New Jersey · 1992
  3. State v. JohnsonSupreme Court of New Jersey · 2001
  4. State v. BurkertSupreme Court of New Jersey · 2017
  5. Fischer v. CanarioSupreme Court of New Jersey · 1996

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