New Jersey Court Case: The Adoption of E

IN THE MATTER OF THE ADOPTION OF "E", A CHILD, BY JOHN P. BURKE AND CYNTHIA D. BURKE, PLAINTIFFS-APPELLANTS 

Supreme Court of New Jersey 

59 N.J. 36; 279 A.2d 785

July 1, 1971, Decided 

COUNSEL: 
Mr. Albert G. Besser and Mr. Leo Pfeffer, of the New York Bar, argued the cause for plaintiffs-appellants (Messrs. Hannoch, Weisman, Stern & Besser, attorneys; Mr. Leo Pfeffer, of the New York Bar, Mr. Albert G. Besser and Mr. Dean A. Gaver on the brief). 
Mr. Edward Terner argued the cause for intervenor, Children's Aid and Adoption Society of New Jersey. 
Mr. Mark F. Hughes, Jr., argued the cause as court-appointed amicus curiae. 
Mrs. Joan W. Murphy, Deputy Attorney General, argued the cause amicus curiae for New Jersey Bureau of Children's Services (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Miss Joan W. Murphy, Deputy Attorney General, on the brief). 
Mr. Arnold Jay Gold argued the cause amicus curiae for Council on Adoptable Children (Mr. Barry G. Radick on the brief). 
Mr. George A. Breur argued the cause amicus curiae for New Jersey Council of Churches (Messrs. Breur and Breur, attorneys; Mr. G. Thomas Breur and Mr. George A. Breur on the brief). 
Mr. Charles B. Blackmar, of the Missouri Bar, submitted a brief amicus curiae for Department of Church in Society, Division of Homeland Ministries of the Christian Church (Disciples of Christ) in the United States and Canada, and Division of Human Relations, Board of Christian Social Concerns, United Methodist Church. 

JUDGES:
For reversal -- Chief Justice Weintraub and Justices Jacobs, Francis, Proctor, Hall, Schettino and Mountain. For affirmance -- None. The opinion of the Court was delivered by Proctor, J. Weintraub, C.J. (concurring). Weintraub and Jacobs, JJ., concur in result. 

PROCTOR, J. 

The county court denied plaintiffs' application for a final decree of adoption. The court held that plaintiffs' lack of belief in a Supreme Being rendered them unfit to be adoptive parents. The plaintiffs appealed to the Appellate Division, and prior to argument there, we certified the case on our own motion. We reverse. 
On June 27, 1969, the plaintiffs, John and Cynthia Burke, received custody of the baby girl "E" from the Children's Aid and Adoption Society of New Jersey (Society). n1 On May 23, 1970, the Burkes, having received the consent of the Society, filed an application for adoption with the county court. The Society filed a report with the court recommending that the application be granted. 

On August 25, 1970, a hearing was held and the Society was permitted to intervene. On November 2, 1970, the court denied the plaintiffs' application and ordered the return of the child to the Society. 112 N.J. Super. 326. Final judgment was entered on November 24, 1970, but was stayed to give the parties an opportunity to appeal. 
Both the Burkes and the Society filed appeals from the judgment denying the adoption. Mark F. Hughes, Esq., was appointed by the Appellate Division on its own motion as amicus curiae "for the purpose of reviewing the law on both sides of the controversy" on appeal. Subsequently, the New Jersey Bureau of Children's Services, represented by the Attorney General, the Council on Adoptable Children, the New Jersey Council of Churches, the Department of Church in Society, Division of Homeland Ministries of the Christian Church (Disciples of Christ) in the United States and Canada, and Division of Human Relations, Board of Christian Social Concerns, United Methodist Church, all requested and were granted leave to file briefs amici curiae.