Hunterdon Central High School Board of Education v. Hunterdon Central High School Teachers' Ass'n
Hunterdon Central High School Board of Education v. Hunterdon Central High School Teachers' Ass'n
Concurring Opinion
concurring.
I also vote with my colleagues to affirm the judgment of the Appellate Division substantially for the reasons expressed in the court’s opinion, 174 N.J.Super. 468 (1980). I write additionally to emphasize the narrowness of the constitutional issue presented and disposed of below. The appellate court correctly concluded that providing public employees with days off from work with pay for the exclusive purpose of religious observation without a deduction of either a personal day, vacation day, a day’s wage, or the like, violated the Establishment Clause.
This narrow constitutional holding is consistent with the issues that were presented by the parties in this litigation, first to the Public Employer Relations Commission and thereafter by appeal to the Appellate Division. Consequently, the ruling of that court, now affirmed by us, properly adjudicates the contested claims.
Our disposition, however, as recognized by the Appellate Division, 174 N.J.Super. at 477 n.l, should not be construed to suggest that it is not constitutionally possible for public employers otherwise to accommodate the religious beliefs and practices of employees within the framework of subjects constituting terms and conditions of employment. N.J.S.A. 34:13A-5.3 and -5.4. Although not directly implicated by the narrow issue as presented in this case, it has been recognized that government accommodations of religious beliefs and practices may be consistent with establishment principles under the First Amend
I note this dimension to the problem simply to underscore what has not been considered or decided by our decision today.
HANDLER, J., concurring in the result.
For affirmance — Chief Justice WILENTZ and Justices SULLIVAN, PASHMAN, CLIFFORD, SCHREIBER, HANDLER and POLLOCK — 7.
For reversal — none.
Opinion of the Court
The judgment is affirmed substantially for the reasons expressed in the opinion of the Appellate Division, reported at 174 N.J.Super 468 (1980).
Reference
- Full Case Name
- Hunterdon Central High School Board of Education, Respondent, v. the Hunterdon Central High School Teachers’ Association, Appellant
- Cited By
- 13 cases
- Status
- Published