Legal Opinion

Grumet v. Pataki

New York Court of Appeals

Decided May 11, 1999PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

At issue on this appeal is whether chapter 390 of the Laws of 1997, which enables Kiryas Joel to create a separate school district for its disabled children, violates the Establishment Clause of the First Amendment of the United States Con*683stitution. We conclude that the legislation has the impermissible effect of advancing one religious sect and that it is unconstitutional.

I

The long history underlying this action is fully chronicled in previous opinions by the Supreme Court of the United States and this Court (see, Board of Educ. of Kiryas Joel Vil. School Dist. v…

2Cases cited22 opinions

  1. Lemon v. KurtzmanSupreme Court of the United States · 1971
  2. Agostini v. FeltonSupreme Court of the United States · 1997
  3. Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947
  4. Church of the Lukumi Babalu Aye, Inc. v. City of HialeahSupreme Court of the United States · 1993
  5. Walz v. Tax Comm'n of City of New YorkSupreme Court of the United States · 1970

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3Cited by10 opinions

  1. Children's Healthcare is a Legal Duty, Inc. v. Min De ParleCourt of Appeals for the Eighth Circuit · 2000
  2. Catholic Charities of the Diocese of Albany v. SerioAppellate Division of the Supreme Court of the State of New York · 2006
  3. Bennett v. BennettAppellate Division of the Supreme Court of the State of New York · 2008
  4. New York State Higher Education Services Corp. v. FeherAppellate Division of the Supreme Court of the State of New York · 2002
  5. Bostrom v. Nancy-Ann Min De ParleCourt of Appeals for the First Circuit · 2000

5 more not listed; retrieve them via the Exa API.

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