In Zorach v. Clauson, the U.S. Supreme Court ruled in favor of a New York City program that allowed public schools to release students during school hours for religious instruction or devotional exercises off school premises. The court held that this did not violate the Establishment Clause of the First Amendment, which prohibits government endorsement or support of religion. Parents challenged this policy arguing it promoted religion and thus violated separation between church and state principles enshrined in the Constitution's First Amendment clause prohibiting establishment of a state religion. However, by 6-3 majority decision delivered by Justice William O Douglas, SCOTUS upheld its constitutionality stating it was parents' choice whether their children participated hence no coercion from State existed; moreover since activities were off-campus on private property there was no direct involvement by State promoting any particular faith.

In the dissenting opinion for Zorach v. Clauson, Justice Black argued that the majority's decision violated the Establishment Clause of the First Amendment by allowing public schools to release students during school hours for religious instruction off premises. He contended that this practice amounted to government support and promotion of religion, which is constitutionally prohibited. Furthermore, he expressed concern about potential discrimination against children who did not participate in such programs due to their different religious beliefs or lack thereof. In his view, these children could be subjected to social pressure or even official disapproval because they were not partaking in a program endorsed by their school system. This situation would undermine both freedom of religion and equal protection under law principles enshrined in our Constitution.