1987 Survey of Trends and Developments on Religious Liberty in the Courts

Extract

The purpose of this survey is to note important caselaw developments in the state and lower federal courts concerning religious liberty. Purposely omitted are the widely reported United States Supreme Court opinions, as well as cases where the Court has granted review during the 1987-88 term. The focus here is to collect significant cases that may otherwise escape broad attention. Only the facts and rationale of each court's decision is recorded. No editorial comment on the merits of these cases is intended.

Bollenbach v. Board of Education of Monroe- Woodbury Central School District, 659 F. Supp. 1450 (S.D.N.Y. May 8, 1987).

A United States district court concluded that the Monroe-Woodbury Central School District violated the establishment clause of the first amendment by altering its bus routes to ensure that only male bus drivers were assigned to routes servicing male students of the United Talmudic Academy (UTA). The court found that requiring students of UTA to accept transportation from female drivers did burden their religious beliefs under the free exercise clause. However, such a burden was justified by the compelling state interest in avoiding a violation of the establishment clause. Further, the court determined that the prohibition on altering bus routes was the least restrictive means of accomplishing the state's objective of avoiding the appearance of a symbolic union between the school district and the religious sect.