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N.J. BD. OF HIGHER ED. v. SHELTON COLLEGE

90 N.J. 470 (1982)

448 A.2d 988

THE NEW JERSEY STATE BOARD OF HIGHER EDUCATION AND T. EDWARD HOLLANDER, CHANCELLOR OF THE NEW JERSEY DEPARTMENT OF HIGHER EDUCATION, PLAINTIFFS-RESPONDENTS, v. THE BOARD OF DIRECTORS OF SHELTON COLLEGE, GLENN ROGERS AND CARL MCINTIRE, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided August 9, 1982.

Attorney(s) appearing for the Case

William Bentley Ball, a member of the Pennsylvania bar, argued the cause for appellants (Bashaw & Burro, attorneys; William Bentley Ball, Philip J. Murren, Kathleen A. O'Malley and C. Clark Hodgson, Jr., members of the Pennsylvania bar, of counsel; Keith J. Bashaw and C. Peter Burro, on the brief).

Robert A. Fagella, Deputy Attorney General, argued the cause for respondents (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Erminie L. Conley, Assistant Attorney General, of counsel).

Michael F. Spicer submitted a brief on behalf of amicus curiae The Association of Independent Colleges and Universities of New Jersey (Jamieson, McCardell, Moore, Peskin & Spicer, attorneys; Michael F. Spicer and Laura C. Ford, on the brief).

Garrett M. Heher submitted a brief on behalf of amicus curiae Council of County Colleges (Smith, Stratton, Wise & Heher, attorneys; Garrett M. Heher and Thomas E. Kopil, on the brief).

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.

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