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SMITH v. RICCI

89 N.J. 514 (1982)

446 A.2d 501

MARY K. SMITH, JACQUELINE DONOHOE, HELEN FOLEY, PHYLLIS GIGLIO, AND JOSEPH F. SHANAHAN, APPELLANTS, v. P. PAUL RICCI, PRESIDENT, STATE BOARD OF EDUCATION AND FRED G. BURKE, COMMISSIONER OF EDUCATION, RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 25, 1982.

Attorney(s) appearing for the Case

Joseph F. Shanahan argued the cause for appellants.

Mary Ann Burgess, Assistant Attorney General, argued the cause for respondents (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by CLIFFORD, J.

Appellants challenge a regulation of the State Board of Education (Board) that requires each local school district to develop and implement a family life education program in the public elementary and secondary curricula. N.J.A.C. 6:29-7.1. Appellants contend that such a program impinges upon the free exercise of their religion and constitutes an establishment of religion in violation of the United States...

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