Judge Questions New York Aid to Nonpublic Schools

By Mark Walsh

A federal judge has questioned the constitutionality of two New York State programs that loan computer software and library books to nonpublic schools, including religious institutions.

A group of state taxpayers has challenged the programs, enacted by the state legislature in 1984 and 1985, as violating the clauses in the New York State and United States constitutions that bar government establishment of religion.

The defendants in the case, Fisher v. Regan, are state Comptroller Edward V. Regan and other state officials, the East Syracuse-Minoa school district and its officials, and several private religious...