Senate Bill S5856

                                 
BILL NUMBER: S5856

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the general construction law and the education law, in
relation to the designation of Good Friday as a public holiday

 
PURPOSE:

To include Good Friday as a recognized public holiday in General
Construction Law § 24 as a way to ensure that New York recognize and
celebrate the religious diversity of all its citizens.

 
SUMMARY OF PROVISIONS:

Section 1: Section 24 of the general construction law, as amended by
chapter 249 of the laws of 2020, is amended.

Section 2: The education law is amended by adding a new section 3204-a.

Section 3: Section 3604 of the education law is amended by adding a new
              

subdivision 7-a.

Section 4: This act shall take effect on the first of January next
succeeding the date on which it shall have become a law.

 
JUSTIFICATION:

Currently, Good Friday is a state holiday in 12 states: Connecticut,
Delaware, Florida, Hawaii, Indiana, Kentucky, Louisiana, New Jersey,
North Carolina, North Dakota, Tennessee, and Texas. The proposed bill to
give Good Friday the status of legal holiday whereby government nones-
sential offices and public schools are closed is, clearly, not a prece-
dent-setting idea. What may not be as clear, however, is how 12 states,
in spite of their historical, demographic, economic, and geographic
diversity, united in the common cause to officially recognize the
significance of Good Friday. This bill offers New York the opportunity
to count itself among these diverse states that joined together in their
common interest to demonstrate respect for their Christian citizens.

New York has already demonstrated interest both in the private and
public sector. Wall Street, New York's secular entity that trades in
billions of dollars closes on Good Friday: the New York Stock Exchange
(NYSE), NASDAQ, as well as other equity and options platforms are all
closed for business on Good Friday. Public schools, too, are closed on
Good Friday. However, a careful look at nomenclature illustrates the
need for Good Friday to be designated as an official New York holiday.
A cursory review of online public school calendars reveals, for example,
that The New York City Department of Education (NYCDOE), which manages
the city's public schools, does, indeed, regularly close its schools on
Good Friday. However, on its published school calendar, the day is
referred to -- not -- as Good Friday, but as "spring recess."

Nomenclature becomes significant when considering the fact that the very
same New York City public school district calendar also closes schools
on September 21st (this year), but directly identifies that day as Rosh
Hashanah rather than a "district recess" day. City schools are also.
closed on June 22nd during summer school session for Eid al-Fitr, one of
two Islamic holidays that became recognized holidays as of 2015 when New
York City Mayor de Blasio and Chancellor Farina called the addition "a
common sense change" to recognize the growing Muslim community (Botelho,
2015). A search of districts throughout New York will show that the term
"Good Friday" is used by some districts while others use "spring recess"
for the identical Friday: Good Friday. However, Rosh Hashanah is
consistently listed by its religious name as are Eid al-Fitr and Eid
al-Adha.

As is Wall Street in the private sector, public schools are already
closed on Good Friday. The proposed bill will ensure that Good Friday is
recognized explicitly as are the recognized holy days of the Judaic and
Islamic community. The term "spring recess" will no longer be acceptable
terminology for school closure on the Christian holy day of Good Friday.
Ultimately, passage of this bill to add Good Friday to the current holi-
days listed in General Construction Law § 24. Public holidays will
demonstrate that New York truly recognizes and celebrates the religious
diversity of all its citizenry.

Will making Good Friday a legal holiday violate Constitutional law?  The
answer depends on whether the focus is on state rights guaranteed within
the Tenth Amendment of the Constitution or the First Amendment's Estab-
lishment clause. Case law from Hawaii and Illinois illustrates there is
no simple answer (Brookman, 1998). The Ninth Circuit Court in Hawaii
determined the statue declaring Good Friday to be a state holiday did
not violate the Establishment Clause of the First Amendment. In
contrast, the Seventh Circuit Court in Illinois struck down a similar
law. NYU law researchers logically conclude that no per se rule can be
established on the constitutionality of Good Friday as a legal holiday
(p. 194).

 
LEGISLATIVE HISTORY:

2021-22: S4769 - Referred to Judiciary

2019-20: S4430 - REFERRED TO JUDICIARY

2017-18: S6937 - Referred to Judiciary

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.