The New York Supreme Court (New York' trial court) Engel v. Vitale, 191 N.Y.S.2d 453 (Sup. Ct. 1959) upheld the state statute requiring recitation of the Reagent's prayer under the First Amendment Free Exercise Clause, but held that the school district had to create procedures to protect those who objected to reciting the prayer:
"This is not to say that the rights accorded petitioners and their children under the 'free exercise' clause do not mandate safeguards against such embarrassments and pressures. It is enough on this score, however, that regulations, such as were adopted by New York City's Board of Education in connection with its released time program, be adopted, making clear that neither teachers nor any other school authority may comment on participation or non-participation in the exercise nor suggest or require that any posture or language be used or dress be worn or be not used or not worn. Non-participation may take the form either of remaining silent during the exercise, or if the parent or child so desires, of being excused entirely from the exercise. Such regulations must also make provision for those nonparticipants who are to be excused from the prayer exercise. The exact provision to be made is a matter for decision by the board, rather than the court, within the framework of constitutional requirements. Within that framework would fall a provision that prayer participants proceed to a common assembly while nonparticipants attend other rooms, or that nonparticipants be permitted to arrive at school a few minutes late or to attend separate opening exercises, or any other method which treats with equality both participants and nonparticipants."
Engel v. Vitale, 206 N.Y.S.2d 183 (App. Div. 1960)
The New York Appellate Division, Second Judicial Department (intermediate appellate court) affirmed the lower court decision.
Engel v. Vitale, 176 N.E.2d 579 (N.Y. 1961)
The New York Court of Appeals (highest appellate court) also affirmed.
* In most states, the [State] Supreme Court is the highest appellate court, but New York uses the name for its trial courts. New York's highest appellate court is the New York Court of Appeals.
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