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."

The Burkes are now living in Carterville, Ill., near Southern Illinois Universi...

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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."

The Burkes are now living in Carterville, Ill., near Southern Illinois University, where John Burke has worked for the past year as a speech pathologist. Nevertheless, Judge Camarata ordered the parents to send David's sister back to the New Jersey adoption agency. Two weeks ago, aided by the American Civil Liberties Union, the Burkes appealed directly to the New Jersey Supreme Court, which agreed to hear the case. If they fail in their appeal, Eleanor Katherine may have to leave the only family she has ever known and await adoption by another couple whose religious convictions satisfy the State of New Jersey.