Jewish Groups Receive “released Time” Decision with Mixed Feelings

The decision of the U.S. Supreme Court yesterday upholding New York’s system of “released time” religious education for public school children was received by Jewish groups here today with mixed feelings.

“We are disappointed that a majority of the Supreme Court did not rule the New York City released-time program unconstitutional, but we are gratified that the decision, in reaffirming the principle of separation of church and state, makes it clear that religious teaching and practices may not be brought into public school buildings,” Dr. Israel Goldstein, president of the American Jewish Congress, said in a statement.

The statement expressed gratification with the part of the decision which makes it clear that school authorities may not in any way involve themselves in religious affairs. Gratification was also expressed with the fact that the Supreme Court has again stated that separation of church and state is an indispensable requirement of the American Constitution.

The Supreme Court decision, adopted by 6 to 3, backs the New York program under which children are released from classes one hour each week–at their parents’ request-for instruction at religious centers located away from public school property. If a parent does not wish his child to go to the religious classes, the child remains in public school for regular studies.

The three members of the Supreme Court who dissented were Justices Robert H. Jackson, Hugo L. Black and Felix Frankfurter. They criticized the majority decision as warping and twisting the fundamental “wall” between church and state. Justice Jackson said that the New York program involved coercion and thus was unconstitutional. Justice Black accused New York of “manipulating its compulsory education laws to help religious sects get pupils.”

Justice Frankfurter’s dissent expressed agreement with what Justice Jackson had said, and added: “The deeply devisive controversy aroused by the attempts to secure public school pupils for sectarian instruction would promptly end if the advocates of such instruction were content to have the school close its doors or suspend operations–that is, dismiss classes in their entirety, without discrimination–instead of seeking to use the public schools as the instrument for securing attendance at denominational classes.”

Justice William O. Douglas, who delivered the 6-3 decision, said: “No one is forced to go to the religious classroom, and no religious exercise of instruction is brought to the classrooms of the public schools. A student need not take religious instructions. He is left to his own desires as to the manner of time his religious devotions, if any.” Justice Douglas went on to say that the Constitution “does not say that in every and all respects there shall be a separation of Church and State.”