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DISTRICT OF NEW JERSEY
Docket No. 76-341
(H.C.M.)
Civil Action
ORDER AND JUDGMENT
ALAN B. MALNAK. et al.,
Plaintiffs,
v.
MAHARISHI MAHESH YOGI, et al.,
Defendants
This matter being opened to the Court upon Plaintiffs' Motion for Partial Summary Judgment, and the Court having considered the affidavits, briefs and exhibits filed herein, and the arguments of counsel on November 22, 1976, and December 3, 1976 (McCarter & English, Esq., attorneys for Plaintiffs, Julius B. Poppinga, Esq., appearing; Paul Weiss, Rifkind, Wharton & Garrison, Esqs., attorneys for Defendant World Plan Executive Council--United States, Edward N. Costikyan, Esq., and Bernard Ouziel, Esq., appearing; Fischer & Kagan, Esqs., attorneys for defendant World Plan Executive Council--United States, Jay D. Fischer, Esq., appearing; Scipio Africano, Esq., attorney for Defendant Board of Education of Union City, appearing; office of the United States Attorney General, attorney for Defendant Joseph A. Califano, Jr., Secretary of the United States Department of Health, Education and Welfare, William E. Staehle, Esq., appearing; and Office of the Attorney General for the State of New Jersey, attorney for Defendants State of New Jersey, New Jersey State Department of Education, New Jersey State Board of Education. Fred G. Burke, and Charles Wilson, Mark Schorr, Esq., appearing on November 22 and Guy S. Michael, Esq., appearing on December 31, and good cause appearing. there being no just reason for delay;
IT IS on this 12 day of December, 1977, hereby Ordered and Adjudged that judgment be entered, declaring:
1. That the Science of Creative Intelligence/Transcendental Meditation and the teaching thereof, the concepts of the field of pure creative intelligence, creative intelligence and bliss consciousness, the textbook entitled Science of Creative Intelligence for Secondary Education--First Year Course--Dawn of the First Year of the Age of Enlightenment, and the puja ceremony, are all religious in nature within the context of the Establishment Clause of the First Amendment of the United States Constitution, and the teaching thereof in the New Jersey public schools is therefore unconstitutional.
2. That Defendants World Plan Executive Council--United States; Jerome W. Jarvis; Robert B. Kory; Janet Aaron; Board of Education of Maplewood-South Orange, New Jersey School District; Board of Education of West New York, New Jersey School District; Board of Education of Union City, New Jersey School District; Board of Education of Patterson, New Jersey School District; New Jersey State Department of Education; New Jersev State Board of Education; Fred G. Burke, as New Jersey Commissioner of Education; Charles Wilson; State of New Jersey and Joseph A. Califano, Jr., Secretary of the United States Department of Health, Education and Welfare; and the respective officers, agents, employees or any other person or entity acting for or at the behest of any of the foregoing, be and hereby are permanently enjoined: (1) From the teaching, aiding in the teaching (including but not limited to the providing of teaching materials), and the solicitation of any municipality, school board or other political subdivision or governmental agency of the State of New Jersey or of the Federal government, for the purpose of promoting the teaching of any course of study which embodies and advocates any one or more of the Science of Creative Intelligence/Transcendental Meditation, the concepts of the field of pure creative intelligence, creative intelligence and bliss-consciousness; (2) From the use of the textbook entitled Science of Creative Intelligence for Secondary Education--First Year Course--Dawn of the First Year of the Age of Enlightenment, (or its substantial equivalent) and; (3) From the practice of Transcendental Meditation or of the puja ceremony as heretofore practiced or performed (or the substantial equivalent of either), in any public school in the State of New Jersey;
3. That costs shall be allowed to Plaintiffs.
This Court retains full jurisdiction as to all matters relating to the above-captioned case, subject only to the effect of any appeal from this judgment.
S/H. C. Meanor
H. Curtis Meanor, U.S.D.J
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