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CLAYTON v. KERVICK

59 N.J. 583 (1971)

285 A.2d 11

JOSEPH E. CLAYTON, ACTING COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF EDUCATION AND THE NEW JERSEY EDUCATIONAL FACILITIES AUTHORITY, A PUBLIC CORPORATION AND GOVERNMENT INSTRUMENTALITY IN THE DEPARTMENT OF EDUCATION, PLAINTIFFS-RESPONDENTS, AND ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES IN NEW JERSEY, PLAINTIFF-INTERVENOR-RESPONDENT, v. JOHN A. KERVICK, STATE TREASURER OF NEW JERSEY, DEFENDANT-APPELLANT, AND HOWARD LEVINE, JACQUELINE LEVINE, JOSEPH MARZELL AND BELLE MARZELL, DEFENDANTS-INTERVENORS-APPELLANTS.

The Supreme Court of New Jersey.

Argued October 27, 1971.

Decided December 21, 1971.

Attorney(s) appearing for the Case

Mr. Alfred C. Clapp and Mr. Arnold K. Mytelka argued the cause for defendant-appellant Kervick.

Mr. Leo Pfeffer, of the New York bar, argued the cause for defendants-intervenors-appellants Levine et al., (Mr. Lewis Stein, attorney).

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for plaintiffs-respondents Clayton et al. (Mr. Alfred L. Nardelli, Deputy Attorney General, on the brief; Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Mr. Joel A. Wolff argued the cause for plaintiff-intervenor-respondent Association of Independent Colleges and Universities in New Jersey (Mr. William C. Slattery, on the brief; Messrs. Pitney, Hardin and Kipp, attorneys).

The opinion of the Court was delivered by WEINTRAUB, C.J.

Before us for reconsideration is Clayton v. Kervick, 56 N.J. 523 (1970), where we held the statute in question did not offend the church-state provision of the First Amendment to the Federal Constitution. Upon review of that case, the United States Supreme Court handed down this memorandum, 403 U.S. 945, 91 S.Ct. 2274, 29 L.Ed.2d 854 (1971):

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