|
For Immediate Release
August 28, 2003
The American Civil Liberties Union of New Jersey filed a lawsuit today to stop the State from distributing $250,000 each to two private Catholic schools, appropriations that were included in the annual state budget. We argue that the grants violate the principles of religious freedom described in the First Amendment to the United States Constitution and Article 1, paragraph 4 of the New Jersey Constitution.
“Having religious freedom means having a government that treats religious groups with neutrality, so that people aren’t favored or discriminated against based on their beliefs.” stated Deborah Jacobs, ACLU-NJ Executive Director. “And, with so many of our public schools in desperate conditions, how can our state justify giving tax payer’s money to private religious schools?”
The funds were designated for the two schools as part of the State’s budget, with $250,000 to go to Seton Hall Prep for “expansion” and $250,000 to go to St. Peter’s Prep for “field remediation.” The grant to Seton Hall Prep was initiated by Senate Co-President Richard Codey (D-Essex). The donation to St. Peter’s Prep was initiated by State Senator Bernard Kenny (D-Hudson) whose sons have attended the school.
Along with the complaint, the ACLU-NJ filed a motion for temporary restraints to ensure that the funds would remain with the State while the lawsuit is pending. In response, the State agreed not to disburse the funds without first providing two business days notice to the ACLU-NJ.
While the United States Supreme Court has upheld programs in which funds or benefits are made generally available to all schools or students and therefore end up in part going to parochial schools, the New Jersey legislature’s grant of direct funds solely to the two Catholic schools (to the exclusion of other non-secular and secular schools) lacks the essential element of “neutrality.” The Supreme Court has noted that conferring financial support to followers of one religion over another is the exact type of action against which the Establishment Clause was meant to protect.
The ACLU-NJ represents Madeline Houston, who has two children currently in the Montclair, New Jersey, public school system. Her daughter is about to enter eleventh grade and plays on the soccer and softball teams. Her son is at a Montclair middle school that rents out space in a church because it does not possess its own facilities. For use of a gym or library, the students at the middle school must walk to the YMCA or to the town’s public library.
“The First Amendment gives clear guidelines on government’s role in religion because our founders knew what religious strife could do to a society,” said Ed Barocas, ACLU-NJ Legal Director. “Our state and federal constitutions guard against the government giving financial support to certain favored religious groups to the exclusion of others.”
The case is being handled by ACLU-NJ Legal Director Ed Barocas and cooperating attorney Marc Stern of the American Jewish Congress.
|
