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N.y.state Law Banning Aid to Religious Schools Repealed at Constitutional Convention

August 17, 1967
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Strenuous efforts to persuade New York State’s Constitutional Convention to retain a 73-year old law that prohibits state financial aid to non-public schools were soundly defeated here last night after five hours of debate. The vote against retention of the old law–which could result in the provision of state aid to religious schools–was 130-48. with many Democrats and some Republicans and representatives of the Conservative Party joining the majority.

Jewish organizations in New York State have been divided on the issue. The American Jewish Committee and the American Jewish Congress supported retention of the old law, on the grounds that doing otherwise would violate the principles of separation of church from state. On the other hand, some Jewish organizations, particularly those of Orthodox persuasion, wanted the old law wiped off the books.

Joining the forces for retention of the old law were Catholic groups and some Democratic leaders such as New York’s former Mayor Robert F. Wagner. The opposition against wiping out the old law was led by the Rev. Donald S. Harrington, state chairman of the Liberal Party and minister of the Unitarian-Universalist Community Church of New York. While the move initiated by Mr. Harrington was defeated decisively, the issue, however, was not yet closed. The leadership of the Republican minority in the convention is planning to put through a resolution under which the issue would be put before the state’s entire electorate in a referendum.

JEWISH GROUPS URGE VOTERS TO DEFEAT REPEAL IN NOVEMBER VOTING

A joint statement urging the defeat by the voters next November of any State Constitution that did not contain the current ban on state aid to private and parochial schools was issued today by representatives of the American Jewish Congress, National Council of Jewish Women, The United Synagogue of America and the Protestant Council of New York.

“We believe the people of New York State do not want public funds to support church-connected schools,” the statement said. “Giving state money to private or parochial schools means either robbing the public schools of their present support or imposing new taxes to meet huge new costs. We support the right of those who wish to provide their children with religious education, but we do not believe they have the right to call on all citizens of the state to support their sectarian schools through public taxation.”

On the other hand, the Aguath Israel of America, an Orthodox group, issued a statement declaring that the repeal of the ban on state aid to religious schools at the New York State Constitutional Convention is “a sign of the new awareness of the necessity to remove all discriminatory legal bars to providing non-public school children with all benefits due them under constitutional rights.” A similar statement was issued also by the Union of Orthodox Jewish Congregations of America.

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