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RESNICK v. E. BRUNSWICK TP. BD. OF ED.

77 N.J. 88 (1978)

389 A.2d 944

ABRAHAM RESNICK, PLAINTIFF-RESPONDENT, v. EAST BRUNSWICK TOWNSHIP BOARD OF EDUCATION, DEFENDANT-APPELLANT, AND REFORM TEMPLE OF EAST BRUNSWICK, EAST BRUNSWICK BAPTIST CHURCH, NATIVITY EVANGELICAL LUTHERAN CHURCH OF EAST BRUNSWICK, DEFENDANTS, AND NEW JERSEY COUNCIL OF CHURCHES, INTERVENORS. ABRAHAM RESNICK, PLAINTIFF-RESPONDENT, v. REFORM TEMPLE OF EAST BRUNSWICK, DEFENDANT-APPELLANT, AND EAST BRUNSWICK TOWNSHIP BOARD OF EDUCATION, EAST BRUNSWICK BAPTIST CHURCH, NATIVITY EVANGELICAL LUTHERAN CHURCH OF EAST BRUNSWICK, DEFENDANTS, AND NEW JERSEY COUNCIL OF CHURCHES, INTERVENORS.

The Supreme Court of New Jersey.

Decided July 11, 1978.

Attorney(s) appearing for the Case

Mr. David B. Rubin argued the cause for appellant East Brunswick Township Board of Education (Messrs. Rubin and Lerner, attorneys; Mr. Frank J. Rubin on the brief).

Mr. Samuel H. Davis argued the cause for appellant Reform Temple of East Brunswick (Messrs. Dubowsky and Davis, attorneys).

Mr. William J. Brennan, III, argued the cause for intervenor-appellant (Messrs. Smith, Stratton, Wise and Heher, attorneys; Mr. Brennan and Ms. Ann Reicheldfer, on the brief).

Mr. Sanford Rader argued the cause for respondent (Messrs. Kovacs, Anderson, Horowitz and Rader, attorneys).

The opinion of the court was delivered by PASHMAN, J.

The relationship of church and state has become one of the most sensitive areas in the law. Permitting religious observances to take place on public school property raises important and vexing constitutional issues. To some persons, use of school premises by any group necessarily carries with it the appearance of government approval of that body and its activities. Thus, whenever an issue involving the use of school...

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