The American Jewish Congress office here today sent a protest to the State Commissioner of Education against the distribution of Boy Scout applications through the New Jersey public school system. On such application blanks the question is asked: “What is your religious preference?”
The A. J. Congress objected to the use of the public school system for the distribution of the applications on the grounds that this is a violation of the Constitution as it makes the school system “an adjunct to a religious census.” Last week it received a reply from Eric Groezinger, Assistant Commissioner of Education, to a request for an opinion on the constitutionality of the distribution of the applications in the public schools. In his reply, Mr. Groezinger said:
“In our opinion the circulation of such a pamphlet to school pupils during school hours, by and with the permission of school authorities or through the use of the public school ‘machinery’ such as attendance requirements is improper and should not be permitted. On the other hand, the distribution of such material to their own membership by groups who are granted the use of the school premises for their meetings or activities is outside the jurisdiction of the local school authorities and would not be improper.”
Sam Brown, president of the New Jersey branch of A.J. Congress hailed the first part of the reply as being “consistent with the U.S. constitution.” However, he said the second part of the decision “was still open to question.” Further meetings will be held with the Commissioner of Education.
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