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Federal Court Bars $33m in State Aid to Religious Schools; Pearl, Aj Congress Hail Ruling As Major V

January 12, 1972
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The Committee for Public Education and Religious Liberty (PEARL) said today that a Federal Court’s ruling barring $33 million in New York State funds for secular educational services in parochial schools was “a major victory for the principle of religious freedom and church-state separation.”

The statement on behalf of PEARL was issued by Leo Pfeffer, its counsel, who argued the case in the US District Court for the Southern District of New York. He said that PEARL would now press for an early trial date on its pending suit against $28 million allocated earlier to parochial schools for record-keeping purposes.

The court’s decision was also hailed by Theodore M. Kolish, chairman of the American Jewish Congress’ New York Metropolitan Council. He said the AJ Congress was “deeply gratified” by the ruling which “reinforces the obligation and the commitment of the New York Jewish community to substantially increase funds for Jewish education of every kind and at every level.”

The court ruling struck down Chapt. 822 of the Laws of 1971 entitled “An Act to provide acceptable secular educational services for pupils in non-public schools.” The New York law provided for the payment of salaries of teachers of secular subjects in non-public schools and allocated $33 million toward that purpose.

PEARL, an organization of 32 religious, educational, civil rights and labor groups throughout New York State, contested the law. Its suit contended that the New York legislation was no different from statutes in Pennsylvania, Rhode Island and Connecticut ruled unconstitutional last June by the US Supreme Court.

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