KINGSTON, N.Y. (Nov. 16)
A New York Supreme Court here yesterday upheld the New York State law for released-time for religious instruction. Joseph Lewis, president of the Free Thinkers of America, who started proceedings against the present released-time program, immediately announced that he will appeal the decision to a higher court.
Justice Roscoe V. Elsworth, who rendered yesterday’s decision, insisted that the New York State law was not unconstitutional and that his decision did not conflict with a recent United States Supreme Court decision declaring unconstitutional a released-time system in effect in Champaign, Illinois. The Champaign system involved the use of school buildings and school administration of the religious education program, Justice Elsworth said, while the New York system entails no use of school buildings nor the expenditure of public funds for the religious education program.