Decided: May 18, 1964.
ARTHUR J. SILLS, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY AND STATE BOARD OF EDUCATION, PLAINTIFFS-RESPONDENTS,
BOARD OF EDUCATION OF HAWTHORNE, NEW JERSEY, ET AL., DEFENDANTS-APPELLANTS
For affirmance -- Chief Justice Weintraub, and Justices Jacobs, Francis, Proctor, Hall, Schettino and Haneman. For reversal -- None.
[42 NJ Page 352]
The judgment entered in the Chancery Division declared R.S. 18:14-77 and R.S. 18:14-78 to be unconstitutional and enjoined the defendants from authorizing or practicing religious ceremonies in the public schools of Hawthorne. The judgment was patently sound under the principles expressed by the United States Supreme Court in Abington School Dist. v. Schempp, 374 U.S. 203, 83 S. Ct. 1560, 10 L. Ed. 2 d 844 (1963), and it is accordingly: