From a 1970 issue of Time Magazine.
John Burke, an atheist, and his wife, a pantheist, had left the line blank. As a result, the bureau denied the Burkes’ application. After the couple began court action, however, the bureau changed its regulations, and the couple was able to adopt a baby boy from the Children’s Aid and Adoption Society in East Orange.
Last year the Burkes presented their adopted son, David, now 31, with a baby sister, Eleanor Katherine, now 17 months, whom they acquired from the same East Orange agency. Since the agency endorsed the adoption, the required final approval by a judge was expected to be pro forma. Instead, Superior Court Judge William Camarata raised the religious issue.
Inestimable Privilege. In an extraordinary decision, Judge Camarata denied the Burkes’ right to the child because of their lack of belief in a Supreme Being. Despite the Burkes’ “high moral and ethical standards,” he said, the New Jersey state constitution declares that “no person shall be deprived of the inestimable privilege of worshiping Almighty God in a manner agreeable to the dictates of his own conscience.” Despite Eleanor Katherine’s tender years, he continued, “the child should have the freedom to worship as she sees fit, and not be influenced by prospective parents who do not believe in a Supreme Being.”
(And the resulting SCOTUS decision from 1971)