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Keywords

regulationadoptiondue processobjectionappellant
regulationobjectionappellant

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Smith v. Ricci, 89 N.J. 514, 446 A.2d 501, 4 Ed. Law Rep. 1174

Facts

The State Board of Education adopted a regulation requiring local school districts to implement a family life education program in public schools. This decision followed a survey indicating that only 40% of students were receiving sex education under a previous non-mandatory policy. The Family Life Committee, appointed by the Board, recommended the new regulation based on sociological factors and statistics highlighting the need for sex education. The regulation included provisions for parental review and an excusal policy for students whose parents objected on moral or religious grounds.

The Board adopted the regulation on August 6, 1980. Appellants then sought review in the Appellate Division, R. 2:2–3(a)(2).

Issue

Did the State Board of Education's regulation requiring family life education programs in public schools violate the First Amendment's free exercise and establishment clauses, or the due process clause of the Fourteenth Amendment?

Appellants' principal objection to the regulation is that it violates both the Free Exercise and Establishment clauses of the First Amendment.

Rule

The court applied the Lemon test to determine if the regulation had a secular purpose, did not advance or inhibit religion, and did not create excessive government entanglement with religion. Additionally, the court considered whether the regulation's adoption complied with the Administrative Procedure Act.

In order to withstand constitutional scrutiny the challenged regulation must have a secular purpose, its primary effect must neither advance nor inhibit religion, and it must not create excessive government entanglement with religion.

Analysis

The court found that the regulation's excusal policy allowed parents to remove their children from objectionable parts of the program, thus not infringing on free exercise rights. The court also noted that the regulation did not favor secularism over religious views and maintained that the program's purpose was educational rather than religious. The Board's actions were deemed reasonable and necessary to address social issues like teenage pregnancy and venereal disease, and the procedural steps taken in adopting the regulation were found to be compliant with legal standards.

The court found that the regulation's excusal policy allowed parents to remove their children from objectionable parts of the program, thus not infringing on free exercise rights.

Conclusion

The court affirmed the State Board of Education's regulation, concluding that it did not violate constitutional provisions and that the Board acted within its authority and followed proper procedures.

The action of the State Board of Education is: Affirmed.

Who won?

The State Board of Education prevailed because the court found that the regulation was constitutional and did not infringe upon the rights of the appellants.

The State Board of Education prevailed because the court found that the regulation was constitutional and did not infringe upon the rights of the appellants.

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