Grumet v. Cuomo

I respectfully dissent. The challenged legislation was not designed to endorse or enhance religion, rather it provides a permissible solution to the religious/ cultural dilemma faced by the people of the Village of Kiryas Joel (hereinafter Village) in meeting the needs of their handicapped children and, as such, passes Federal and State constitutional muster. The majority appears to have adopted a predominant motive analysis which suggests that once the legislative effort to accommodate the needs of those involved was found to be unconstitutional, any attempt to accomplish the same objective…