Evening star., 1952-02-01
Time off From School
For Religion Defended
Before Supreme Court

Before Supreme I0ur1
A defense of public school "re-
leased time" programs of religious
instruction, particularly in New
York. but permitted also in several
other States, held the attention oi
the Supreme Court today.
The tribunal arranged two more
hours of argument on that issue
following an attack yesterday by
attorneys challenging its consti-
nationality. It also heard argu-
ments yesterday on a controversy
over a law requiring daily reading
of Bible verses in New Jersey pub
lie schools. A dozen other States
have similar legislation, the court
was told.
Final decisions In the two cases
probably will not come until late
in the current term, which ends
next June. Attorneys said the
rulings, no matter how they go,
may be as historic as the courts
l1948 decision invalidating an Illi-
lnois arrangement. That program
had allowed public school pupils
Ito attend religious classes con-
Quoted by ministers Of their re-
spective faiths but held on school
property.
At adjournment yesterday. New
York State and city officials had
ljust begun their defense Of the
released time system attacked BY
two Brooklyn women. New York
courts last year upheld constitu-
tionality of the program.
See Constitution Violated.
Kenneth Greenwalt, attorney
for Mrs. Tessin Zorach and Mrs
Esta Gluck, explained they are
mot hostile to religion" but be-
Ilieve the released time program
violates the constitutional re-
|quirement of separation Of church
and state.
Under the program. children
may be released from classes ont
hour each week to receive sec.
tartan religious instruction away
from school property. The pro.
gram is not compulsory. Children
attend the outside instruction
courses on written notice from
parents, while those who do not
wish to do so remain in school.
l. Mr.. Greenwa1t protested thai
1.-THE system causes the public
schools to be used as a conduit
for religious classes" He declared
that the powers of the state
should not be used to help sectf
get children for their religious
classes"
He contended also that the New
York authorization is unconstitu-
tional because it is discriminatory
and a use Of tax-supported pub.
lie school facilities for keeping
attendance and truancy records
i of children designated for the re-
lligious classes. He held that the
New York plan is essentially nc
different from the invalidate6
Illinois program, despite the hold
ling Of the religious classes away
from school property.
Operative Since 1925.
Wendell Brown, solicitor gen.
eral OF New York State. repre-
lsenting the State Commission OF
Education. contended the Supreme
Court opinion in the McCollum
case from Illinois did not declare
that all released time or dismissed
time programs were unconstitu-
tional. He denied that. in the New
York plan, which he said goes back
Ito 1925. there is "any use Of tax
supported property or use OF
school funds, or solicitation by any
religious groups on school prop
Ierty."
Michael A. Castaldi, first as
lsistant corporation counsel of New
York City, was to resume the
argument today. He said he would
call the courts attention to the
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