Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, November 30, 1993 TAG: 9311300126
SECTION: NATIONAL/INTERNATIONAL PAGE: A-1 EDITION: METRO
SOURCE: Associated Press
DATELINE: WASHINGTON LENGTH: Medium
The court said it will use a case involving a New York school district, created for disabled children of a Hasidic Jewish community, to decide how far government can go to accommodate religious practices. The ruling is expected by July.
New York courts ruled that the creation of the Kiryas Joel Village School District in Orange County, N.Y., was an unconstitutional government endorsement of religion.
The school district is asking the high court to overturn the landmark 1971 ruling it has used in deciding many church-state cases. The court has re-examined that ruling several times, but each time stopped short of replacing it.
"I'm not looking for a lower standard," said school district lawyer George Shebitz. "I'm looking for a more appropriate standard, a workable standard."
But Steven Green of Americans United for Separation of Church and State said any decision dismantling the 1971 standard "could lead to wholesale tax support for religious education."
The New York State School Boards Association challenged state lawmakers' 1989 creation of the district, calling it an impermissible accommodation of a Jewish sect's beliefs.
The court's 1971 ruling in Lemon vs. Kurtzman said laws or government practices are unconstitutional if they have a religious purpose, primarily advance or promote religion, or excessively entangle government and religion.
Also on Monday, the court:
Agreed to decide, in an Oregon case, how far government may go in requiring private land to be used for environmental purposes.
Turned down an appeal by the New York City Transit Authority, which was ordered to pay $4.3 million to a subway mugger who was shot and paralyzed while trying to escape from transit police.
Allowed jailed political candidate Lyndon LaRouche to collect federal matching funds for his 1992 presidential campaign.
Left intact a ruling that Colorado State University violated a federal anti-bias law when it dropped its women's fast-pitch softball team.
by CNB