Zorach v. Clauson

Case Date: 07/22/2024

Zorach v. Clauson, 343 U.S. 306 (1952), was a case in which the Supreme Court of the United States considered a New York law that permitted schools to allow some students to leave school during school hours for purposes of religious instruction or practice while requiring others to stay in school. The students were only allowed to leave on written request of their guardians, and religious organizations shared their attendance records with the schools. The schools did not fund or otherwise assist in the development of these programs. The Supreme Court upheld the law, finding that it did not violate the First Amendment. Three of the nine Justices dissented from the decision; Hugo Black, Felix Frankfurter and Robert H. Jackson would have found the law unconstitutional. All three cited McCollum v. Board of Education (1948); they believed that the Court did not adequately distinguish between the circumstances in McCollum and the ones in Zorach.