The U.S. Supreme Court agreed yesterday to hear an appeal against a New York State parochiaid law. The Committee for Public Education and Religious Liberty (PEARL) said it was “deeply gratified” by the high court’s action. The appeal stems from the case of PEARL v. Nyquist (N.Y. State Education Commissioner Ewald Nyquist). The PEARL suit was aimed at a three-part law enacted by the State Legislature and signed by Gov. Nelson A. Rockefeller in May, 1972.
Two parts of the law ruled unconstitutional by a Federal District Court last Oct., provided building maintenance grants of up to $4 million a year for repairs, heat, light and cleaning for non-public schools in densely populated urban areas; and provided direct state payments of $50 per elementary school pupil and $100 per secondary school pupil to low income parochial school parents.
The PEARL appeal which the Supreme Court has agreed to hear, is against the third part of the law. upheld by the Federal Court, which provides income tax credits for middle income parents of parochial school children. According to the law, families with incomes between $5000-$25,000 a year could deduct up to $3000 from their taxable income in computing their state income tax.
HEARING ALSO DUE ON PA. CASE
A N.Y. State appeal against the Federal court’s adverse ruling on maintenance and tuition grants and against an earlier ruling declaring the state’s Mandated Services Act unconstitutional was welcomed by Florence Flast, vice-chairman of PEARL.
In a statement yesterday she noted that “this means that every legislative enactment now on the books to provide public funds for parochial schools will be examined by the Supreme Court.
Leo Pfeffer, counsel to PEARL and special counsel to the American Jewish Congress, will appear before the Supreme Court in both the Nyquist and Mandated Services Act cases.
The Supreme Court also decided yesterday to hear an appeal by the State of Pennsylvania against a Federal Court ruling last April 6 which held unconstitutional a state law providing tuition reimbursement to parochial school parents. Pennsylvania enacted a new law last Aug. 27 ear-marking $47 million annually to reimburse parochial school parents in amounts of $75 for each elementary grade child and $150 per secondary school child. The Supreme Court decided not to intervene in an Ohio 1972 parochiaid statute declared unconstitutional by a federal Court. The measure provided $30 million annually for tuition reimbursements.
CORRECTION
An article in the Daily News Bulletin Tuesday said that Israeli Consul General David Rivlin read a message from Israeli President Zalman Shazar and then delivered a eulogy at the memorial to the late Rabbi Abraham Joshua Heschel. The statement and eulogy were given by Consul Michael Shashar.
JTA has documented Jewish history in real-time for over a century. Keep our journalism strong by joining us in supporting independent, award-winning reporting.
The Archive of the Jewish Telegraphic Agency includes articles published from 1923 to 2008. Archive stories reflect the journalistic standards and practices of the time they were published.
