Supreme Court case cited in Good Friday debate

Apr 10, 2014

Having students attend school on Good Friday is a decision best left to a higher power, according to one supporter of the idea, and that power should be the United States Supreme Court.

On Thursday evening, the debate on the religious holiday continued as Old Rochester Regional District School Committee members heard from those for and against the move.

Last month, a Joint School Committee vote changed the academic calendar to hold classes on that day next year. The switch has proved contentious.

Rochester resident Rick Cusolito asked committee members to consider the Supreme Court case Lemon v. Kurtzman. Cusolito’s wife, Michelle, was a member of the Rochester School Committee who voted in favor of eliminating the holiday in the district. She did not run for reelection this term.

In its 1971 decision, the court ruled a Pennsylvania law that reimbursed the salaries of nonpublic school teachers for teaching secular lessons was unconstitutional.

Cusolito said the committee should look to the “Lemon test” developed for that case. The test determines if government legislation regarding a religion is constitutional using three standards. They are: The government’s action must have a secular purpose; not advance or inhibit religion; and not result in excessive government entanglement with religion.

It’s unclear if the Joint School Committee vote is considered legislation.

Cusolito spoke during an open comment period at the end of the meeting.

Husband and wife Robert and Margaret McGee asked to keep the holiday during open comment at the start of the meeting. Margaret said they had collected 115 signatures over the course of a few days for a petition that supported holding no classes on Good Friday.

In response to the McGees claim that Good Friday was being targeted, Committee Chair James O'Brien said the decision was made to ensure that no religion – whether it be Hindu, Jewish or anything else – was receiving special treatment.

“That vote wasn’t an attack on religion,” O’Brien said. “It was in defense of all religions.”

According to Superintendent Doug White, the vote can be brought up for reconsideration but only at the Joint School Committee meeting. Also, someone who voted in the majority of that decision must introduce a motion to reconsider. The language of the motion cannot be changed either, which means the committee would have to reshuffle days and half-days with no classes for students.

“You have the opportunity to do that if you want to,” White said.

The next Joint School Committee meeting is scheduled for May 8.