| Case
Name |
Year | Decision
of the Court | Topic
Group(s) | |
| People v. Phillips (N.Y. Ct. of Gen’l Sessions 1813) (reprinted in 1 Western L. J. 109 (1843) and 1 Cath. Law. 199 (1955) | 1813 | *First Amendment Free Exercise Clause prevents grand jury subpoena from forcing Catholic priest to divulge confessional confidence. |
Church Autonomy Church Communications | |
| Terrett v. Taylor, 13 U.S. (9 Cranch) 43 | 1815 | Virginia may not expropriate property of the formerly established Episcopal Church or abolish its incorporation. |
Church Property | |
| Town of Pawlet v. Clark, 13 U.S. (9 Cranch) 292 | 1815 | Royal grant of land to Church of England was not completed; following the Revolution the State of Vermont, as successor to English Crown, could claim the land and convey it to town for schools; Episcopal Church in the town had no right or title. |
Church Property | |
| Trs. of Dartmouth Coll. v. Woodward, 17 U.S. (Wheat.) 518 | 1819 | Colonial charter issued to church trustees for the founding of a college could not be forcibly voided in state's attempt to take control of the school. |
Religious Schools and Colleges | |
| Trs. of Philadelphia Baptist Ass’n v. Hart’s Ex’rs, 17 U.S. (4 Wheat.) 1 | 1819 | A bequest in trust to voluntary association of Baptist clergy and laymen was ineffective because an unincorporated society was incapable in Virginia law of taking under a will. |
Charitable Bequest | |
| Soc’y for Propagation of the Gospel v. Town of New Haven, 21 U.S. (8 Wheat.) 464 | 1823 | English corporation, controlled by British subjects, did not lose its real estate in Vermont; title was secured by treaty of peace. |
Church Property | |
| Mason v. Muncaster, 22 U.S. 445 | 1824 | Vestry of formerly established Episcopal Church in Alexandria was the rightful successor to the Fairfax parish vestry and thus its glebe lands, so vestry was able to convey title to purchasers; see Terrett v. Taylor (1815) |
Church Property | |
| Beatty v. Kurtz, 27 U.S. (2 Pet.) 566 | 1829 | Although legal title in unincorporated Lutheran church land, now used as cemetery, was deficient, nevertheless equity permitted settlement of title in the church out of religious sensibilities and sentiments for kindred of the deceased. |
Church Property | |
| Worcester v. Georgia, 31 U.S. (6 Pet.) 515 | 1832 | An Indian agent and missionary, present in Cherokee territory pursuant to federal authority and treaties, could not be prosecuted under Georgia law for living among the Cherokees and offering them education. |
Preemption | |
| Vidal v. Mayor of Philadelphia, 43 U.S. (2 How.) 127 | 1844 | Testamentary bequest to endow school for orphans is valid notwithstanding provisions derogatory of Christianity. |
Charitable Bequest | |
| Permoli v. Municipality No. 1, 44 U.S. (3 How.) 589 | 1845 | Bill of Rights does not protect against impairment of religious liberty by states. |
Federalism Incorporation by Fourteenth Amendment | |
| Hallett v. Collins, 51 U.S. (10 How.) 174 | 1850 | Spanish colonial law, in force in Mobile, Alabama, then colonial territory in possession of Spain, which law incorporated Catholic canon law, permitted marriage by mere mutual consent; therefore claimant to a will was not illegitimate as marriage of parents was valid; ecclesiastical decree deeming null and void such marriages was not to be given effect because that decree was not adopted by Spain for application in its colonies. |
Marriage, Illegitimacy or Inheritance | |
| Gaines v. Relf, 53 U.S. (12 How.) 472 | 1852 | In a suit to enforce inheritance rights, it was necessary for claimant to prove that she was offspring of parents who had validly married and hence she was legitimate; to show that mother of claimant was already married to another man at the time of parent’s putative marriage, and hence not able to enter into valid marriage to her father, court admitted into evidence record of an ecclesiastical proceeding for bigamy conducted under the Spanish government, then in possession of Louisiana and the two Floridas, which record helped to show that the mother was indeed validly married to another man at the time of parent’s putative marriage and thus claimant was illegitimate. Cf. 65 U.S. 553. |
Marriage, Illegitimacy or Inheritance | |
| Goesele v. Bimeler, 55 U.S. (14 How.) 589 | 1852 | Heirs of deceased member of Society of Separatists cannot recover share of property from the society. |
Church Property | |
| Smith v. Swormstedt, 57 U.S. (16 How.) 288 | 1853 | When a church voluntarily divides, a suit in equity may lie to effect a division of jointly held property. |
Church Property | |
| Baker v. Nachtrieb, 60 U.S. (19 How.) 126 | 1856 | Defecting member of Harmony Society cannot recover share of property from the society. |
Church Property | |
| Philadelphia, Wilmington, and Baltimore R.R. Co. v. Philadelphia and Havre de Grace Steam Towboat Co., 64 U.S. (23 How.) 209 | 1859 | Railroad which left debris in water is not excused from liability for damage to boat which sailed on Sunday; boats are works of necessity not bound by Sabbath laws. |
Sunday Law and Other Religious Feasts | |
| Richardson v. Goodard, 64 U.S. (23 How.) 28 | 1859 | Cargo lost when unattended because of official day of prayer and fasting did not excuse liability; observance of day was not legally compulsory. |
Sunday Law and Other Religious Feasts | |
| Christ Church Hospital v. Philadelphia, 65 U.S. (24 How.) 300 | 1861 | It was within city’s authority to partially revoke exemption following a partial repeal of the property tax exemption statute. |
Tax Exemptions | |
| Gaines v. Hennen, 65 U.S. (24 How.) 553 | 1861 | In suit to enforce inheritance rights as described in Gaines v. Relf (1852), the record of an ecclesiastical proceeding for bigamy, said to be conducted under Spanish government, was inadmissable; it now appeared that the proceeding was irregular having been conducted by a cleric without canonical power. |
Marriage, Illegitimacy or Inheritance | |
| Attorney General v. Federal Street Meeting-house, 66 U.S. (1 Black) 262 | 1862 | In dispute between Presbyterians and Unitarians over title to church meetinghouse in Boston, held that there was no subject matter jurisdiction to permit an appeal from state court. |
Church Property | |
| Cummings v. Missouri, 71 U.S. (4 Wall.) 277 | 1866 | Priest in Catholic Church cannot be deprived of right to function as cleric for failure to take exculpatory oath. |
Ministerial Exception Oaths Religious Tests for Public Office | |
| Ex. Parte Garland, 71 U.S. 333 | 1867 | The opinion of four justices, dissenting in Cummings v. Missouri, to the effect that the religion clauses of the first amendment do not restrict actions by a state. |
Ministerial Exception | |
| Insurance Co. v. Chase, 72 U.S. (5 Wall.) 509 | 1867 | Trustee had obtained policy on church building on which insurance company refused to pay; held that congregational polity permitted board of trustees to designate one trustee to act on board’s behalf and thus policy was valid. |
Church Autonomy | |
| Watson v. Jones, 80 U.S. (13 Wall.) 679 | 1871 | Courts may not interfere in matters of church doctrine, discipline, or polity. |
Church Autonomy Intra-Church Disputes | |
| Bouldin v. Alexander, 82 U.S. (15 Wall.) 131 | 1872 | Courts will not go behind stated reasons for excommunication of trustees and members, but will determine if ouster was act of the church or merely persons purporting to have authority to act for church. |
Church Autonomy Intra-Church Disputes | |
| Young v. Godbe, 82 U.S. (15 Wall.) 562 | 1873 | Investor sued Brigham Young, as trustee of church, alleging failed company was part of Mormon church; decision by territorial court reversed for improperly considering hearsay. |
Church Liability | |
| Reynolds v. United States, 98 U.S. 145 | 1878 | Upheld federal law prohibiting polygamy. |
Free Exercise Exemptions-Miscellaneous Polygamy | |
| Christian Union v. Yount, 101 U.S. 352 | 1879 | As a matter of statutory construction, out-of-state religious corporations can receive a conveyance of property in Illinois. |
Church Property | |
| Kain v. Gibboney, 101 U.S. 362 | 1879 | A bequest to voluntary association of Catholic nuns was ineffective because an unincorporated society in Virginia is incapable of taking under a will. |
Charitable Bequest | |
| Miles v. United States, 103 U.S. 304 | 1880 | In prosecution for bigamy, calling second wife to testify against husband violates spousal testimonial privilege; voire dire may inquire into belief that polygamy is religiously required. |
Polygamy | |
| Missionary Soc’y of M.E. Church v. Dalles City,107 U.S. 336 | 1883 | Oregon Territory’s grant of land to religious society in possession was proper. |
Church Property |
|
| Cannon v. United States, 116 U.S. 55 | 1885 | Meaning of "cohabit" in criminal statute is "living together as husband and wife," and does not require proof of sexual relations. |
Polygamy | |
| Cannon V. United States, 116 U.S. 55 | 1885 | Meaning of "cohabit" in criminal statue is "living together as husband and wife," and does not require proof of sexual relations. |
Polygamy | |
| Clawson v. United States, 114 U.S. 477 | 1885 | Upholding indictment for cohabitation and polygamy notwithstanding exclusion of Mormons from serving on grand jury. |
Polygamy Religious Tests for Public Office | |
| Murphy v. Ramsey, 114 U.S. 15 | 1885 | Upheld federal law disenfranchising polygamists. |
Polygamy | |
| Soon Hing v. Crowley, 113 U.S. 703 | 1885 | Upheld law as one protecting persons from undue physical labor, not to promote religion. |
Sunday Law and Other Religious Feasts | |
| Cannon v. United States, 118 U.S. 355 | 1886 | Cannon v. United States, 116 U.S. 55 (1885), was vacated for want of jurisdiction. |
Polygamy | |
| Gibbons v. District of Columbia, 116 U.S. 404 | 1886 | Upheld property tax levies on land owned by and adjacent to a church but not used or needed for its convenient enjoyment. |
Tax Exemptions | |
| Snow v. United States, 118 U.S. 346 | 1886 | Appeal from multiple convictions for cohabitation for different years with same woman was dismissed for want of jurisdiction. |
Polygamy | |
| Gilmer v. Stone, 120 U.S. 586 | 1887 | As a matter of statutory construction, Presbyterian Home and Foreign Mission Boards are not groups "organized for religious worship" under Illinois statute limiting such groups to ten acres of land. |
Church Property | |
| In re Snow, 120 U.S. 274 | 1887 | Reversing multiple convictions for cohabitation for different years with same woman because offense was inherently a single continuous event. |
Polygamy | |
| Speidel v. Henrici, 120 U.S. 377 | 1887 | Due to laches, defecting member of Harmony Society cannot recover share of property from the Society. |
Church Property | |
| Bucher v. Cheshire RR. Co., 125 U.S. 555 | 1888 | In action for personal injury, federal courts are bound to follow state law denying claim to railroad passenger harmed while traveling on Sunday, without necessity or for charity, in violation of a state Sabbath law. |
Sunday Law and Other Religious Feasts | |
| Ex Parte Hans Nielsen, 131 U.S. 176 | 1889 | Mormon who pleaded guilty of cohabitation (living together as husband and wife when married to another) could not also be tried for adultery. |
Polygamy | |
| Bassett v. United States, 137 U.S. 496 | 1890 | Conviction for polygamy reversed where wife permitted to testify against husband contrary to testimonial privilege between spouses. |
Polygamy | |
| Davis v. Beason, 133 U.S. 333 | 1890 | Upheld conviction for falsely taking oath to the effect that one was not member of polygamous organization. |
Polygamy | |
| Late Corp. of the Church of Jesus Christ of Latter-day Saints v. United States, 136 U.S. 1 | 1890 | Upheld revocation of Mormon Church charter and confiscation of church property. |
Church Property Polygamy | |
| Ball v. United States, 140 U.S. 118 | 1891 | Although a judgment entered on Sunday is void, the Sunday return of a verdict in a federal criminal case is not cause for reversal. |
Sunday Law and Other Religious Feasts | |
| Late Corp. of the Church of Jesus Christ of Latter-day Saints v. United States,140 U.S. 665 | 1891 | Decree entered on opinion reported at 136 U.S. 1 (1890) |
Church Property Polygamy |
|
| Rector of Holy Trinity Church v. United States,143 U.S. 457 | 1892 | Refusing to apply to churches a federal statute forbidding employment contracts with aliens to work in United States. |
Ministerial Exception Naturalization and Foreign Workers | |
| Catholic Bishop of Nesqually v. Gibbon,158 U.S. 155 | 1895 | Grant of small tract of public land, within administration of federal agency, to a church in possession dating back to British Hudson Bay Co., was held conclusive. |
Church Property |
|
| Hennington v. Georgia, 163 U.S. 299 | 1896 | State may prohibit Sunday operation of trains without violating "dormant" commerce clause. |
Sunday Law and Other Religious Feasts | |
| Stone v. United States, 167 U.S. 178 | 1897 | A general verdict in a federal civil case is not void because it was returned on Sunday. |
Sunday Law and Other Religious Feasts | |
| Bradfield v. Roberts, 175 U.S. 291 | 1899 | Upholding use of federal funds for construction at religious hospital. |
Government Benefit to Religious Entities | |
| Petit v. Minnesota, 177 U.S. 164 | 1900 | "Works of necessity" permitted on Sunday need not include barber shops. |
Sunday Law and Other Religious Feasts | |
| Schwartz v. Duss, 187 U.S. 8 | 1902 | Harmony Society was not shown to have been dissolved, therefore its property was not subject to distribution. |
Church Property | |
| Chicago Theological Seminary v. Illinois, 188 U.S. 662 | 1903 | State’s narrow interpretation of tax statute so as to deny exemption to investment real estate held by seminary is permissible. |
Tax Exemptions | |
| Wright v. Morgan, 191 U.S. 55 | 1903 | Title was vested in City of Denver by patent from U.S., with full power of alienation; thus title, which passed to Catholic bishop in a sale by city, would be upheld in face of adverse claim that title still rests with city's mayor. |
Church Property | |
| Bd. of Educ. of Methodist Episcopal Church v. Illinois, 203 U.S. 553 | 1906 | State could only constitutionally exempt from inheritance tax only those charitable bequests to charities that were chartered in Illinois. |
Tax Exemptions | |
| Montana Catholic Missions v. Missoula County, 200 U.S. 118 | 1906 | Case dismissed for lack of federal question jurisdiction notwithstanding claim that local tax on sale of cattle by Jesuit mission, with proceeds going to support of tribal Indians, was tax on property in support of federal obligations and thus constitutionally immune. |
Tax-Others | |
| Speer v. Colbert, 200 U.S. 130 | 1906 | Georgetown College is not a sectarian institution within the meaning of Maryland constitutional provision voiding bequests to religious groups within 30 days of death. |
Charitable Bequest | |
| Lowrey v. Hawaii, 206 U.S. 206 | 1907 | Claim involving an 1849 agreement whereby a foreign mission board transferred a school to the Hawaiian government on condition that Christian training be continuously offered at the school. In the event of nonfulfillment of that condition, the agreement provided for reversion of title to the grantor or payment of $15,000, at the government's option. Hawaii later converted the school into an agricultural college and the teaching of religion ceased. Notwithstanding that Hawaii's Organic Act of 1894 prohibited governmental aid to a sectarian or denominational school, the Court ordered Hawaii to exercise its option. |
Church Property | |
| Berea College v. Kentucky, 211 U.S. 45 | 1908 | Criminal prosecution of religious college upheld for violating state segregation laws; state may lawfully limit the power to teach of an incorporated college. |
Religious Schools and Colleges | |
| Ponce v. Roman Catholic Apostolic Church, 210 U.S. 296 | 1908 | Land in Puerto Rico given to Roman Catholic Church by Spain remains the property of the church after Puerto Rico is annexed by United States; church had juridical personality notwithstanding lack of incorporation. |
Church Property | |
| Quick Bear v. Leupp, 210 U.S. 50 | 1908 | Upheld disbursement of Indian tribal funds, held in trust by the federal government, to a Catholic mission operating religious schools. |
Charitable Bequest Religious Purpose Trust | |
| Santos v. Holy Roman Catholic and Apostolic Church, 212 U.S. 463 | 1909 | Catholic Church is entitled to recover chapel in Philipppines notwithstanding that land was first acquired by the church as a gift for Spain; the Phillippines was acquired by U.S. in treaty following war with Spain. |
Church Property | |
| Lowrey v. Hawaii, 215 U.S. 554 | 1910 | Government's proposal to teach a form of general evangelical Christianity does not meet condition of agreement to teach a definite Congregational and Presbyterian doctrine. Hawaii ordered to pay $15,000 pursuant to decision and judgment in Lowrey v. Hawaii, 206 U.S. 206 (1907). |
Church Property | |
| Helm v. Zarecor, 222 U.S. 32 | 1911 | In dispute between Presbyterians over control of publishing house, trustees of publisher were not to be realigned to defeat diversity jurisdiction because to do so would pre-judge the merits. |
Church Property | |
| Sharpe v. Bonham, 224 U.S. 241 | 1912 | In dispute between Presbyterians over control of publishing house, trustees of publisher were not to be realigned to defeat diversity jurisdiction because to do so would pre-judge the merits. |
Church Property | |
| Order of St. Benedict v. Steinhauser, 234 U.S. 640 | 1914 | Vow of poverty and communal ownership of property not contrary to public policy, thus enforcable by civil courts. |
Religious Communities | |
| Crane v. Johnson, 242 U.S. 339 | 1917 | Conviction of nonreligious "drugless practitioner" of medicine for failure to obtain license was not violative of Equal Protection Clause notwithstanding Christian Science practitioners rendering " treatment by prayer" were not licensed. |
Statutory Exemptions for Religious Persons/Entities | |
| Shepard v. Barkley, 247 U.S. 1 (aff'd mem.) | 1918 | Presbyterian Church merger controlled by decision in Watson v. Jones, 80 U.S. (13 Wall.) 679 (1871). |
Church Autonomy Church Property | |
| The Selective Serv. Draft Law Cases [Arver v. United States], 245 U.S. 366 | 1918 | Exemption of clergy, theology students, and pacifist sects from combat service is constitutional. |
Free Exercise Exemptions-Miscellaneous | |
| Bartels v. Iowa, 262 U.S. 404 | 1923 | Reversing conviction on the basis of Meyer v. Nebraska (1923). |
Religious Schools and Colleges | |
| Meyer v. Nebraska, 262 U.S. 390 | 1923 | Statute forbidding teaching of foreign languages held unconstitutional. |
Parental Rights Religious Schools and Colleges | |
| Hygrade Provision Co. v. Sherman, 266 U.S. 497 | 1925 | State law only punished intentional fraud and, therefore, difficulty reaching a correct determination concerning whether product was "kosher" did not render it violative of Due Process Clause as merchants were only required to exercise good faith judgment. |
Religious Fraud | |
| Pierce v. Society of Sisters of the Holy Names of Jesus & Mary, 268 U.S. 510 | 1925 | Invalidating state law requiring attendance at public schools. |
Parental Rights Religious Schools and Colleges | |
| Farrington v. Tokushige, 273 U.S. 284 | 1927 | Invalidating overbearing regulation of private nonsectarian schools. |
Religious Schools and Colleges | |
| Gonzalez v. Roman Catholic Archbishop, 280 U.S. 1 | 1929 | Court declined to interfere in refusal by archbishop to appoint petitioner to ecclesiastical office. |
Charitable Bequest Church Autonomy Religious Purpose Trust | |
| United States v. Schwimmer, 279 U.S. 644 | 1929 | A religious pacifist may be denied U.S. citizenship. |
Naturalization and Foreign Workers | |
| Cochran v. Louisiana State Bd. of Educ., 281 U.S. 370 | 1930 | Upheld state law providing secular textbooks to all students, including religious school students. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| United States v. Bland, 283 U.S. 636 | 1931 | Refusal to bear arms in defense of the United States is a valid reason to bar naturalization. |
Naturalization and Foreign Workers | |
| United States v. Macintosh, 283 U.S. 605 | 1931 | Alien unwilling to take oath of allegiance, except with qualifications, is not entitled to citizenship. |
Naturalization and Foreign Workers Oaths | |
| Hamilton v. Regents of Univ. of California, 293 U.S. 245 | 1934 | Due process clause of Fourteenth Amendment confers no right to attend state university without taking prescribed course in military training. |
Military Service | |
| Coleman v. City of Griffin 302 U.S. 636 (appeal dismissed for want of substantial federal question) | 1937 | Upholding conviction of Jehovah's Witness under ordinance requiring prior written permission for literature distribution issued at discretion of city manager. |
Jehovah's Witnesses Religious Literature Distribution | |
| Lovell v. City of Griffin, 303 U.S. 444 | 1938 | Ordinance prohibiting distribution of literature of any kind is unconstitutional because it abridges freedom of the press. |
Jehovah's Witnesses Religious Literature Distribution | |
| Schneider v. State of New Jersey, Town of Irvington, 308 U.S. 147 | 1939 | Ordinance making it unlawful to distribute handbills on sidewalks, streets or any other public place is unconstitutional. |
Jehovah's Witnesses Religious Literature Distribution | |
| Cantwell v. Connecticut, 310 U.S. 296 | 1940 | State may not unduly suppress communication of religious views under guise of conserving public peace, or deciding what is a legitimate "religion" for solicitation purposes; Free Exercise Clause applied to state and local governments through Fourteenth Amendment. |
Incorporation by Fourteenth Amendment Jehovah's Witnesses Religious Speech | |
| Minersville Sch. Dist. v. Gobitis, 310 U.S. 586 | 1940 | A requirement that pupils salute the flag in daily school exercises is not violative of due process |
Flag Salute Jehovah's Witnesses Religious Speech | |
| Cox v. New Hampshire, 312 U.S. 569 | 1941 | It is constitutional to charge a parade fee limited to the purpose of meeting the expense incident to the administration of licensing and the maintenance of public order |
Meeting Permits Religious Speech | |
| Chaplinsky v. New Hampshire, 315 U.S. 568 | 1942 | Cursing a public officer is not an exercise of religion or protected speech. |
Jehovah's Witnesses Religious Speech | |
| Jones v. Opelika [Opelika I], 316 U.S. 584 | 1942 | Jehovah's Witnesses selling tracts are not exempt from regulation of commercial activities. |
Religious Literature Distribution | |
| Busey v. Dist. of Columbia, 319 U.S. 579 | 1943 | Conviction of Jehovah’s Witness for unlicensed selling of magazines on public sidewalks is vacated and remanded in light of Jones v. Opelika (1943), and Murdock v. Pennsylvania (1943). |
Jehovah's Witnesses Religious Literature Distribution | |
| Douglas v. City of Jeannette,3 19 U.S. 157 | 1943 | Case was not properly in federal court; same ordinance was dealt with in Murdock. |
Jehovah's Witnesses Religious Literature Distribution Tax on Religion | |
| Jamison v. Texas, 318 U.S. 413 | 1943 | Ordinance prohibiting the dissemination of handbills is unconstitutional. |
Jehovah's Witnesses Religious Literature Distribution | |
| Jones v. Opelika [Opelika II], 319 U.S. 103 | 1943 | On rehearing Opelika I is vacated; state may not prohibit distribution of religious handbills where handbills seek to raise funds in a lawful fashion. |
Religious Literature Distribution | |
| Largent v. Texas, 318 U.S. 418 | 1943 | A city ordinance requiring permit to solicit orders for books is unconstitutional as applied to distribution of religious publications. |
Jehovah's Witnesses Religious Literature Distribution | |
| Martin v. City of Struthers, 319 U.S. 141 | 1943 | Ordinance forbidding door-to-door distribution of handbills, circulars or other advertising matter is unconstitutional. |
Jehovah's Witnesses Religious Literature Distribution | |
| Murdock v. Pennsylvania, 319 U.S. 105 | 1943 | The mere fact that religious literature is sold by itinerant preachers rather than donated does not transform evangelism into a commercial enterprise; tax is unconstitutional. |
Jehovah's Witnesses Religious Literature Distribution Tax on Religion | |
| Taylor v. Mississippi, 319 U.S. 583 | 1943 | Overturning convictions of Jehovah's Witnesses arrested for advocating a refusal to salute flag. |
Flag Salute Jehovah's Witnesses Religious Speech | |
| West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624 | 1943 | School requirement to salute flag and recite pledge is invalid as applied to Jehovah's Witnesses because it denies freedom of speech and of belief. |
Flag Salute Jehovah's Witnesses Religious Speech | |
| Falbo v. United States, 320 U.S. 549 | 1944 | Draft board's alleged error in classifying Jehovah's Witness as conscientious object rather than minister is no defense to board's order to report for national service; post-reporting review of the classification is sufficient due process. |
Jehovah's Witnesses Military Religious Liberty Military Service | |
| Follett v. Town of McCormick, 321 U.S. 573 | 1944 | Disallowed flat license tax on minister distributing religious material. |
Jehovah's Witnesses Religious Literature Distribution Tax on Religion | |
| Prince v. Massachusetts, 321 U.S. 158 | 1944 | Statute forbidding boys under 12 and girls under 18 to sell magazines on streets or in public places is not unconstitutional as abridging freedom of religion. |
Jehovah's Witnesses Parental Rights Religious Literature Distribution | |
| United States v. Ballard, 322 U.S. 78 | 1944 | Truth of religious beliefs may not be subjected to scrutiny by a jury, but sincerity may. |
Church Autonomy Church Communications Religious Fraud | |
| In re Summers, 325 U.S. 561 | 1945 | Turning down bar applicant for refusal to take oath supporting state's constitution because unwilling to serve in militia in time of war does not violate religious freedom. |
Military Service Oaths | |
| Chatwin v. United States, 326 U.S. 455 | 1946 | Defendant who persuaded minor female to join him in "celestial" marriage is not guilty of kidnapping. |
Polygamy | |
| Cleveland v. United States, 329 U.S. 14 | 1946 | The transportation across state lines of plural wives by members of polygamous sect was for an "immoral purpose" within meaning of the Mann Act. |
Polygamy | |
| Eagles v. United States ex rel. Horowitz, 329 U.S. 317 | 1946 | Draft board was within its discretion in denying a Jewish objector's claim to be exempt divinity student. |
Military Service | |
| Eagles v. United States ex rel. Samuels, 329 U.S. 304 | 1946 | Neither use of advisory theological panel to assist draft board nor panel's asking religious questions are reasons to overturn board's discretion in denying a Jewish objector's claim to be an exempt divinity student. |
Military Service | |
| Estep v. United States, 327 U.S. 114 | 1946 | Draft board's refusal to classify Jehovah's Witness as minister is, after exhausting administrative remedies, subject to judicial review. |
Jehovah's Witnesses Military Service | |
| Gibson v. United States, 329 U.S. 338 | 1946 | Jehovah's Witness minister could appeal his classification without first appearing at induction camp. |
Jehovah's Witnesses Military Service Military Service | |
| Girouard v. United States, 328 U.S. 61 | 1946 | As a matter of statutory construction, denial of citizenship to one who would not take up arms because of religious scruples was error. |
Naturalization and Foreign Workers | |
| Marsh v. Alabama, 326 U.S. 501 | 1946 | The more an owner opens property for public use, the more do his rights become circumscribed by First Amendment rights of those who use it. |
Jehovah's Witnesses Religious Literature Distribution | |
| Tucker v. Texas, 326 U.S. 517 | 1946 | Statute making it an offense to distribute literature in government-owned town invalid. |
Jehovah's Witnesses Religious Literature Distribution | |
| Cox v. United States, 332 U.S. 442 | 1947 | Courts have limited scope of review over board's classification of Jehovah's Witness as conscientious objector rather than minister. |
Jehovah's Witnesses Military Service | |
| Everson v. Bd. of Educ., 330 U.S. 1 | 1947 | Upheld law providing reimbursement to parents for cost of transporting children to religious schools; Establishment Clause applied to state and local governments through Fourteenth Amendment. |
Government Benefit to Religious Entities Incorporation by Fourteenth Amendment Religious Schools and Colleges | |
| McCollum v. Bd. of Educ., 333 U.S. 203 | 1948 | Invalidating program allowing clerics to hold religion classes in public schools during school hours. |
Prayer/Religion in Public Schools Released Time | |
| Musser v. Utah, 333 U.S. 95 | 1948 | Conviction for polygamy vacated and case remanded for consideration of state law questions. |
Polygamy Religious Speech | |
| Saia v. New York, 334 U.S. 558 | 1948 | In absence of any standards, ordinance prohibiting use of sound amplification invalid as infringing free speech. |
Jehovah's Witnesses Religious Speech | |
| Bunn v. North Carolina, 336 U.S. 942 (appeal dismissed for want of substantial federal question) | 1949 | Upheld law prohibiting handling of poisonous reptiles as applied to a church. |
Discrimination Against Religion Snake Handling | |
| Corp. of Presiding Bishop of Church of Latter-Day Saints v. City of Porterville, 338 U.S 805 (appeal dismissed for want of substantial federal question) | 1949 | Upheld exclusion of churches from area reserved for single family homes. |
Zoning/Land Use Regulation | |
| Cohnstaedt v. INS, 339 U.S. 901 (rev’d mem.) | 1950 | Reaffirming Girouard v. United States, 328 U.S. 61 (1946). |
Naturalization and Foreign Workers | |
| Gara v. United States, 340 U.S. 857 (aff'd by equally divided Court) | 1950 | Notwithstanding religious scruples, defendant is subject to military draft. |
Military Service | |
| Donner v. New York, 342 U.S. 884 (appeal dismissed for want of substantial federal question) | 1951 | Teacher certification law upheld as applied to Jewish day school. |
Free Exercise Exemptions-Miscellaneous Religious Schools and Colleges | |
| Friedman v. New York, 341 U.S. 907 (appeal dismissed for want of substantial federal question) | 1951 | Legislation construed to apply to laborers but not retailers. |
Sunday Law and Other Religious Feasts | |
| Kunz v. New York, 340 U.S. 290 | 1951 | Ordinances which require that permits be obtained from local officials for use of public places are unconstitutional in absence of narrowly drawn, reasonable, and definite standards. |
Meeting Permits | |
| McKnight v. Bd. of Pub. Educ., 341 U.S. 913 (appeal dismissed for want of a substantial federal question) | 1951 | Public school may deny equal access to facilities sought by religious organizations. |
Discrimination Against Religion | |
| Niemotko v. Maryland, 340 U.S. 268 | 1951 | Lack of standards in issuing license renders practice open to discrimination contrary to free speech and religion. |
Jehovah's Witnesses Meeting Permits | |
| Doremus v. Bd. of Educ., 342 U.S. 429 | 1952 | Taxpayers do not have standing to challenge Bible reading in public school; case is moot because pupil has graduated. |
Mootness Standing | |
| Heisler v. Bd. of Review,343 U.S. 939 (appeal dismissed for want of substantial federal question) | 1952 | Denial of compensation to person refusing job entailing work on Sabbath is not violation of Religion Clauses. |
Employers and Religious Workers Sunday Law and Other Religious Feasts |
|
| Joseph Burstyn, Inc. v. Wilson,
343 U.S. 495 | 1952 | State law permitting censorship of films that are "sacrilegious" is unconstitutional. |
Censorship | |
| Kedroff v. St. Nicholas Cathedral, 344 U.S. 94 | 1952 | State undertaking to transfer control of church from central governing hierarchy to local governing authorities is unconstitutional. |
Church Autonomy Intra-Church Disputes | |
| Zorach v. Clauson, 343 U.S. 306 | 1952 | Upheld program allowing students to attend religion classes off public school grounds. |
Prayer/Religion in Public Schools Released Time | |
| Dickinson v. United States, 346 U.S. 389 | 1953 | Classification as minister is not available to all members of a sect notwithstanding doctrine that all are ministers; but part-time secular work does not, without more, disqualify member from satisfying the ministerial exemption. |
Jehovah's Witnesses Military Service | |
| Fowler v. Rhode Island, 345 U.S. 67 | 1953 | Ordinance prohibiting religious speech in public park but not church services, violates First Amendment. |
Discrimination Against Religion Jehovah's Witnesses Religious Speech | |
| Poulos v. New Hampshire, 345 U.S. 395 | 1953 | Ordinance leaving to officials no discretion in granting permits for religious meetings in public park is constitutional. |
Jehovah's Witnesses Meeting Permits | |
| United States v. Nugent, 346 U.S. 1 | 1953 | Conscientious objector has not shown induction statute to be unconstitutional. |
Military Service | |
| Gonzales v. United States, 348 U.S. 407 | 1955 | Jehovah's Witness was denied fair hearing because of failure to supply him with materials in his record. |
Jehovah's Witnesses Military Service | |
| Sicurella v. United States, 348 U.S. 385 | 1955 | Willingness to fight in "theocratic" wars does not disqualify a Jehovah's Witness who would otherwise be eligible for exemption as a conscientious objector. |
Jehovah's Witnesses Military Service | |
| Simmons v. United States, 348 U.S. 397 | 1955 | Jehovah's Witness was denied fair hearing because of failure to supply him with materials in his record. |
Jehovah's Witnesses Military Service | |
| Witmer v. United States, 348 U.S. 375 | 1955 | Draft board's rejection of Jehovah's Witness' claim of conscientious objector status upheld as lacking sincerity. |
Jehovah's Witnesses Military Service | |
| Heisey v. County of Alameda, 352 U.S. 921 (appeal dismissed for want of substantial federal question) | 1956 | Property tax exemption for religious school and charity does not violate Establishment Clause. |
Tax Exemptions |
|
| First Unitarian Church v. County of Los Angeles, 357 U.S. 545 | 1958 | Striking down loyalty oath requirement to obtain property tax exemption as violative of due process. |
Oaths Tax Exemptions | |
| Kreshik v. St. Nicholas Cathedral of the Russian Orthodox Church of North America, 363 U.S. 190 (per curiam) | 1960 | First Amendment prevents judiciary, as well as legislature, from interfering in ecclesiastical governance. |
Church Autonomy Intra-Church Disputes | |
| Braunfeld v. Brown, 366 U.S. 599 (plurality) | 1961 | Statute proscribing Sunday retailing did not violate free exercise of Jewish owners. |
Free Exercise Exemptions-Miscellaneous Sunday Law and Other Religious Feasts | |
| Gallagher v. Crown Kosher Super Mkt., 366 U.S. 617 | 1961 | Upheld Sunday closing law as applied to owner of kosher supermarket, Orthodox Jewish customers, and rabbis having duty to inspect markets for compliance with dietary laws. |
Sunday Law and Other Religious Feasts | |
| McGowan v. Maryland, 366 U.S. 420 | 1961 | Upheld state law proscribing Sunday commercial activity notwithstanding economic harm. |
Sunday Law and Other Religious Feasts | |
| Torcaso v. Watkins, 367 U.S. 488 | 1961 | Declaration of belief in existence of God as requirement for public office unconstitutional. |
Oaths Religious Tests for Public Office | |
| Two Guys from Harrison-Allentown, Inc. v. McGinley, 366 U.S. 582 | 1961 | Followed McGowan v. Maryland, 366 U.S. 420 (1961). |
Sunday Law and Other Religious Feasts | |
| Arlan's Dep't Store of Louisville v. Kentucky, 371 U.S. 218 (appeal dismissed for want of a substantial federal question) | 1962 | Exemption from Sunday closing law for sabbatarians does not violate Establishment Clause. |
Sunday Law and Other Religious Feasts | |
| Engel v. Vitale, 370 U.S. 421 | 1962 | Disallowed state program of daily classroom prayer. |
Prayer/Religion in Public Schools | |
| Gen. Fin. Corp. v. Archetto, 369 U.S. 423(appeal dismissed for want of substantial federal question) | 1962 | Property tax exemptions for religious organizations are not in violation of Equal Protection or Due Process Clauses, nor of the First Amendment. |
Tax Exemptions |
|
| Sch. Dist. of Abington Township v. Schempp, 374 U.S. 203 | 1963 | Disallowed practice of daily classroom prayer and devotional Bible recitation. |
Prayer/Religion in Public Schools | |
| Sherbert v. Verner, 374 U.S. 398 | 1963 | Refusal to take a job due to religious beliefs does not disqualify claimant for unemployment compensation. |
Unemployment Compensation | |
| Chamberlin v. Bd. of Pub. Instruction, 377 U.S. 40 (per curiam) | 1964 | Reading of Bible and recitation of Lord's Prayer in public school unconstitutional. |
Prayer/Religion in Public Schools | |
| Cooper v. Pate, 378 U.S. 546 | 1964 | Black Muslim prisoner's claim that he was denied religious publications is entitled to hearing on the merits. |
Prisoners' Religious Liberty | |
| United States v. Seeger, 380 U.S. 163 | 1965 | Conscientious objectors are exempted from combat training and service in armed forces if their belief is sincere and meaningful and occupies a place in their life parallel to that filled by an orthodox belief in God. |
Military Service | |
| Board of Educ. v. Allen, 392 U.S. 236 | 1968 | Upheld state law requiring secular textbooks be provided to private and public schools. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Epperson v. Arkansas, 393 U.S. 97 | 1968 | Disallowed prohibition on teaching theory of evolution in public schools. |
Evolution | |
| Flast v. Cohen, 392 U.S. 83 | 1968 | Federal taxpayer had standing to sue to prevent federal funds for religious schools. |
Standing | |
| Jehovah's Witnesses v. King County Hosp., 390 U.S. 59 (summarily aff'd) | 1968 | Blood transfusions may be administered to children over religious objections. |
Jehovah's Witnesses Medical Care | |
| Oestereich v. Selective Service System, 393 U.S. 233 | 1968 | Individual classified as divinity student could not lose exemption by sending board his draft card as protest. |
Military Service | |
| Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church, 393 U.S. 440 | 1969 | First Amendment prohibits civil court from awarding church property on basis of interpretation of church doctrine. |
Church Autonomy Intra-Church Disputes | |
| Maryland & Virginia Eldership of Churches of God v. Church of God at Sharpsburg, 396 U.S. 367 (per curiam) | 1970 | Civil courts may resolve church property disputes as long as it does not involve inquiry into church doctrine. |
Church Autonomy Intra-Church Disputes | |
| Mulloy v. United States, 398 U.S. 410 | 1970 | Lapsed Roman Catholic who returned to the faith and applied for conscientious objector status could not be denied opportunity for reclassification, thus also affording opportunity for administrative appeal. |
Military Service | |
| United States v. Sisson, 399 U.S. 267 (plurality) | 1970 | Non-religious objections to draft, religious exemptions, and legality of Vietnam War claims were dismissed because case had been improperly appealed. |
Military Service | |
| Walz v. Tax Comm'n, 397 U.S. 664 | 1970 | Upheld property tax exemption for churches. |
Statutory Exemptions for Religious Persons/Entities Tax Exemptions | |
| Welsh v. United States, 398 U.S. 333 (plurality) | 1970 | Beliefs held with strength of traditional religious convictions are entitled to conscientious objector status. |
Military Service | |
| Clay v. United States, 403 U.S. 698 (per curiam) | 1971 | Conviction of Black Muslim for refusing induction is reversed when government conceded pacifism and sincerity. |
Military Service | |
| Coit v. Green, 404 U.S. 997 (summarily aff'd) | 1971 | Upholding IRS revocation of tax exemption on basis of racially exclusionary policies. |
Race and Religion Statutory Exemptions for Religious Persons/Entities Tax Exemptions | |
| Dewey v. Reynolds Metals Co., 402 U.S. 689 (aff'd by equally divided Court) | 1971 | Decision below rejects a job accommodation claim of a sabbatarian. |
Employers and Religious Workers | |
| Gillette v. United States, 401 U.S. 437 | 1971 | Exempting person from military service if opposed to all war, but not those objecting to participation in a particular war, does not violate Constitution. |
| |
| Lemon v. Kurtzman, 403 U.S. 602 | 1971 | Disallowed law appropriating salary supplements for private school teachers; disallowed law authorizing purchase of services from private schools by reimbursing them for teacher salaries, textbooks, and instructional material. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Tilton v. Richardson, 403 U.S. 672 )(plurality in part) | 1971 | Upheld construction grants for secular buildings at religious colleges and universities. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Brusca v. Bd. of Educ., 405 U.S. 1050 (summarily aff'd) | 1972 | Provision of free public school education does not constitutionally compel the state to provide an equal benefit to parochial school parents. |
Church Autonomy Government Benefit to Religious Entities Religious Schools and Colleges | |
| Cruz v. Beto, 405 U.S. 319 | 1972 | Reasonable opportunities must be afforded to prison inmates to exercise religion. |
Prisoners' Religious Liberty | |
| Diffenderfer v. Central Baptist Church, 404 U.S. 41 (per curiam) | 1972 | Challenge to property tax exemption for church parking lot used for commercial purposes is moot due to change in statute. |
Statutory Exemptions for Religious Persons/Entities Tax Exemptions | |
| Essex v. Wolman, 409 U.S. 808 (summarily aff’d) | 1972 | State tuition grants to parents enrolling children in nonpublic schools violates Establishment Clause. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| McClure v. Salvation Army, 460 F.2d 553
(5th Cir.)
cert. denied 409 U.S. 896 | 1972 | *Fountainhead of Ministerial Exception cases. First Amendment bars ordained minister's claims for unequal pay and Title VII retaliatory discharge. Court states, "The relationship between an organized church and its ministers is its lifeblood." |
Church Autonomy Ministerial Exception | |
| United States v. Christian Echoes Nat'l Ministry, Inc., 404 U.S. 561 (per curiam) | 1972 | IRS could not appeal directly to Supreme Court where ruling below was not that §501(c)(3) was unconstitutional, but that IRS had applied it in violation of First Amendment rights of religious organization. |
Tax Exemptions | |
| Wisconsin v. Yoder, 406 U.S. 205 | 1972 | State law requiring all children to attend school until the age of 16, regardless of religious belief, disallowed. |
Compulsory Education Parental Rights | |
| Committee for Pub. Educ. v. Nyquist, 413 U.S. 756 | 1973 | Disallowed state law authorizing reimbursement to low income families for portion of parochial school tuition; disallowed sliding scale tax deductions for families with students in religious schools; disallowed direct grants to private schools serving low income students for cost of maintenance and repair. |
Government Benefit to Religious Entities Religious Schools and Colleges Tax Deductions/Credits | |
| Durhan v. McLeod, 413 U.S. 902 (app'l dismissed for want of substantial federal question) | 1973 | Upheld state loan program whereby students could attend college of their choice. |
| |
| Grit v. Wolman,413 U.S. 901 (summarily affirmed) | 1973 | State tax credits for expenses related to children enrolled in nonpublic schools violate Establishment Clause. |
Religious Schools and Colleges Tax Deductions/Credits |
|
| Hunt v. McNair, 413 U.S. 734 | 1973 | Upheld issuance of revenue bonds for religious colleges. |
Government Benefit to Religious Entities Religious Schools and Colleges Tax Exempt Financing | |
| Lemon v. Kurtzman, 411 U.S. 192 | 1973 | Lemon v. Kurtzman, 403 U.S. 602 (1971), should not be applied retroactively. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Levitt v. Committee for Pub. Educ., 413 U.S. 472 | 1973 | Disallowed state law authorizing reimbursement for state-required records and tests. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Marburger V. Public Funds for Pub. Schs., Griggs V. Public Funds for Pub. Schs., 417 U.S. 961 (summarily aff'd) | 1973 | State programs providing cash funding to parents of nonpublic school students for textbooks, supplies, and auxiliary services is unconstitutional. |
| |
| Norwood v. Harrison, 413 U.S. 455 | 1973 | Disallowed secular textbook loans to racially discriminatory schools. |
Government Benefit to Religious Entities Race and Religion Religious Schools and Colleges | |
| Sloan v. Lemon, 413 U.S. 825 | 1973 | Disallowed reimbursement to parents for portion of religious school tuition. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Franchise Tax Bd. v. United Americans for Pub. Schs., 419 U.S. 890 (summarily aff'd) | 1974 | State income tax reduction for parents enrolling children in nonpublic school is unconstitutional. |
Government Benefit to Religious Entities Religious Schools and Colleges Tax Deductions/Credits | |
| Griggs v. Public Funds for Pub. Schs., 417 U.S. 961 (summarily aff'd) | 1974 | State programs providing cash funding to parents of nonpublic school students for textbooks, supplies, and auxiliary services is unconstitutional. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Hernandez v. Veterans' Administration, 415 U.S. 391 | 1974 | Constitutional challenge by conscientious objectors to denial of veteran educational benefits not barred by statute. |
Discrimination Against Religion Military Service Vouchers | |
| Johnson v. Robison, 415 U.S. 361 | 1974 | Statute which grants educational benefits to military draftees, but not to draftees who perform civilian alternative service, is constitutional. |
Discrimination Against Religion Military Service Vouchers | |
| Luetkemeyer v. Kaufmann, 419 U.S. 888 (summarily aff'd) | 1974 | Providing bus transportation for just public school students did not violate free exercise right of religious school students. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Simpson v. Wells Lamont Corp., 494 F.2d 490 (5th Cir.) | 1974 | *First Amendment bars pastor and his wife from adjudicating claims for violation of 42 U.S.C.A. §§ 1981, 1982, 1983, 1985, and 1986 and for unlawful eviction from parsonage. |
Church Autonomy Ministerial Exception | |
| United States v. American Friends Serv. Comm., 419 U.S. 7 (per curiam) | 1974 | Conscientious objection to payment of war taxes does not override provision in anti-injunction act barring withholding taxes. |
Pacifism/Selective Service Tax-Others | |
| Wheeler v. Barrera, 417 U.S. 402, opinion modified, 422 U.S. 1004 (1975) | 1974 | Religious school students are entitled by federal statute to services comparable to those offered in public schools. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Meek v. Pittenger, 421 U.S. 349 (plurality in part) | 1975 | Upheld statute authorizing textbooks for private schools; disallowed loans to private schools of materials such as maps, photos, films, projectors, recorders and lab equipment; disallowed counseling, remedial and accelerated teaching, psychological and speech & hearing therapy to private school children. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Parker Seal Co. v. Cummings, 429 U.S. 65 (per curiam) | 1976 | Affirming, by equally divided Court, the holding below that employer did not make sufficient effort to accommodate religious employee as required by Title VII. |
Employers and Religious Workers Sunday Law and Other Religious Feasts |
|
| Roemer v. Board of Pub. Works, 426 U.S. 736 (plurality) | 1976 | Upheld state non-categorical grant program for religious colleges. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Serbian Eastern Orthodox Diocese for the United States of America and Canada v. Milivojevich, 426 U.S. 696 | 1976 | Civil courts may not probe into church polity or the removal of clerics. |
Church Autonomy Intra-Church Disputes | |
| Americans United for Sep. of Church & State v. Blanton, 434 U.S. 803 ( summarily aff'd) | 1977 | Tennessee program of aid to students in colleges, public and private, including religiously affiliated schools, does not violate Establishment Clause. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| New York v. Cathedral Academy, 434 U.S. 125 | 1977 | Disallowed parochial school reimbursement for state-mandated record keeping and testing expenses. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Pacific Union Conf. of Seventh-day Adventists v. Marshall, 434 U.S. 1305 (Rehnquist, J., Opinion as Circuit Justice) | 1977 | First Amendment no bar to Dept. of Labor's demand for payroll records to determine applicability of FLSA to nonecclesiastical employees. |
Discovery Fair Labor Standards Act | |
| Parker Seal Co. v. Cummings,433 U.S. 903 | 1977 | Vacating Parker Seal Co. v. Cummings, 429 U.S. 65 (1976), for consideration in light of TWA v. Hardison, 432 U.S. 63 (1977). |
Employers and Religious Workers Sunday Law and Other Religious Feasts |
|
| Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 | 1977 | Absent a clear and express indication from Congress, airline not required to permit clerk to work a four-day week in order to avoid working on his Sabbath. |
Employers and Religious Workers | |
| United Jewish Organizations of Willamsburgh, Inc. v. Carey, 430 U.S. 144 | 1977 | Reapportionment plan adopted to comply with Voting Rights Act to aid election of African Americans thereby dividing community Hasidic Jews and diluting voting strength, did not violate Fourteenth or Fifteenth Amendment rights. |
Religious Communities | |
| Wolman v. Walter, 433 U.S. 229 (plurality in part) | 1977 | Upheld use of public school personnel to provide guidance, remedial and therapeutic speech and hearing services on a neutral site; upheld provision of diagnostic services on neutral site; upheld reimbursing cost of standardized testing and scoring of private school students; disallowed loan of instructional materials to private schools or to parents; disallowed transportation for field trips by private schools. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Wooley v. Maynard, 430 U.S. 705 | 1977 | State cannot require display of state motto on vehicle license plates that violates owner's religious convictions. |
Forced Speech Jehovah's Witnesses | |
| Gen. Council on Fin. and Admin. of United Methodist Church v. Superior Court, 439 U.S. 1369 (Opinion in Chambers, Rehnquist, J.) | 1978 | First Amendment does not bar consideration of church polity for the purpose of determining personal jurisdiction over church. |
Church Autonomy | |
| McDaniel v. Paty, 435 U.S. 618 (plurality) | 1978 | Disqualification of clergy from public office violates First Amendment. |
Religious Tests for Public Office | |
| Beggans V. Public Funds for Pub. Schs.; Byrne V. Public Schs., 442 U.S. 907 (summarily aff'd) | 1979 | State income tax deduction for parents of children enrolled in nonpublic schools violates Establishment Clause. |
Tax Deductions/Credits |
|
| Byrne v. Public Funds for Pub. Schs., 442 U.S. 907 (summarily aff'd) | 1979 | State income tax deduction for parents of children enrolled in nonpublic schools is unconstitutional. |
Government Benefit to Religious Entities Religious Schools and Colleges Tax Deductions/Credits | |
| Jones v. Wolf, 443 U.S. 595 | 1979 | A state may, at its option, adopt neutral principles of law as a means of adjudicating church property disputes. |
Church Autonomy Intra-Church Disputes | |
| National Labor Relations Board v. Catholic Bishop, 440 U.S. 490 | 1979 | Refused to recognize National Labor Relations Board jurisdiction over lay teachers at religious schools. |
Ministerial Exception National Labor Relations Act | |
| School Dist. v. Pennsylvania Dept. of Educ., 443 U.S. 90 (appeals dismissed for want of a substantial federal question) | 1979 | Upheld state law requiring school districts to provide bus transportation for all children, including children enrolled in religious schools. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Committee for Pub. Educ. & religious Liberty v. Regan 444 U.S. 646 | 1980 | Upheld religious school reimbursement for actual costs of state-mandated tests and reporting. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Harris v. McRae, 448 U.S. 297 | 1980 | Upheld congressional restrictions on federally funded abortions. |
Abortion Standing | |
| Stone v. Graham, 449 U.S. 39 (per curiam) | 1980 | Disallowed state law requiring posting of Ten Commandments in public school classrooms. |
Prayer/Religion in Public Schools | |
| Trammel v. United States,445 U.S. 40 | 1980 | Dicta recognizing clergy testimonial privilege as a matter of common law. |
Church Communications |
|
| EEOC v. Southwestern Baptist Theological Seminary,
651 F.2d 277 (5th Cir.) | 1981 | *First Amendment bars EEOC from enforcing EEO-6 reporting requirement to the extent it related to seminary's faculty and certain administrative personnel. |
Church Autonomy Discovery Ministerial Exception Ministerial Exception | |
| Heffron v. Intn'l Soc. for Krishna Consciousness, Inc., 452 U.S. 640 | 1981 | Prohibiting sale or distribution on fair grounds did not violate First Amendment as applied to members of religious sect. |
Religious Literature Distribution | |
| St. Martin Evangelical Lutheran Church v. South Dakota, 451 U.S. 772 | 1981 | The word "church" in the Federal Unemployment Tax Act exempting services performed in the employ of a church applies to schools that have no separate corporate existence from a church. |
Religious Schools and Colleges Unemployment Compensation | |
| Thomas v. Review Bd., 450 U.S. 707 | 1981 | Denial of unemployment benefits because religious beliefs forbade production of armaments violated First Amendment. |
Jehovah's Witnesses Military Service Unemployment Compensation | |
| Widmar v. Vincent, 454 U.S. 263 | 1981 | Disallowed restrictions on religious groups meeting in state university buildings. |
Equal Access in Schools | |
| California v. Grace Brethren Church, 457 U.S. 393 | 1982 | Tax Injunction Act prohibited federal court taking jurisdiction over case involving state tax. |
Tax-Others | |
| Larkin v. Grendel's Den, Inc., 459 U.S. 116 | 1982 | Disallowed practice of allowing churches to veto nearby liquor licenses. |
Church Autonomy Delegation of Sovereign Power to Religious Entity/Group | |
| Larson v. Valente, 456 U.S. 228 | 1982 | Disallowed state law requiring only certain religious organizations to make reports. |
Charitable Solicitation Discrimination Against Religion | |
| Rusk v. Espinosa, 456 U.S. 951 (summarily aff'd) | 1982 | Striking down ordinance that required officials to distinguish between "spiritual" and temporal religious purposes. |
Charitable Solicitation Church Autonomy Discrimination Against Religion | |
| Treen v. Karen B., 455 U.S. 913 (summarily aff'd) | 1982 | Statute authorizing student volunteers to lead classroom prayer in public schools violates Establishment Clause. |
Prayer/Religion in Public Schools | |
| United States v. Lee, 455 U.S. 252 | 1982 | Denied religious exemption from Social Security taxes for Amish employer. |
Social Security | |
| Valley Forge Christian College v. Americans United, 454 U.S. 464 | 1982 | Plaintiffs lacked standing as taxpayers to complain of federal government's transfer of property to religious organization. |
Standing | |
| Bob Jones Univ. v. United States, 461 U.S. 574 | 1983 | Upheld IRS revocation of tax exempt status on the basis of racially discriminatory policies. |
Race and Religion Tax Exemptions | |
| Kaufmann v. Sheehan, 707 F.2d 355 (8th Cir.) | 1983 | *First Amendment bars priest from amending complaint to state claim for violation of archdiocesan due process and canon law. Court rejects arbitrariness exception to the Doctrine of Church Autonomy. |
Church Autonomy Ministerial Exception | |
| Marsh v. Chambers, 463 U.S. 783 | 1983 | Upheld state practice of hiring chaplain and offering prayers in the legislature. |
Legislative Prayer | |
| Mueller v. Allen, 463 U.S. 388 | 1983 | Upheld tax deduction by religious school parents of education-related expenses. |
Government Benefit to Religious Entities Religious Schools and Colleges Tax Deductions/Credits | |
| Grove City Coll. v. Bell,465 U.S. 555 | 1984 | Religious college held subject to employment nondiscrimination rules as condition of students receiving federal financial aid. |
Employers and Religious Workers Government Benefit to Religious Entities Religious Schools and Colleges |
|
| Lynch v. Donnelly, 465 U.S. 668 | 1984 | Upheld government practice of displaying nativity scene as part of a holiday display. |
Religious Symbols/Creches/Ten Commandments Religious Symbols/Creches/Ten Commandments | |
| Aguilar v. Felton, 473 U.S. 402 | 1985 | Disallowed practice of providing and monitoring federally funded Title I remedial services at private schools. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Bd. of Trs. of Vill. of Scarsdale v. McCreary, 471 U.S. 83 (aff'd by equally divided Court) | 1985 | Privately sponsored Christmas nativity scene permitted in village park. |
Religious Symbols/Creches/Ten Commandments | |
| Estate of Thornton v. Caldor, Inc., 472 U.S. 703 | 1985 | Disallowed state law guaranteeing private sector employee a right not to work on Sabbath. |
Employers and Religious Workers | |
| Grand Rapids Sch. Dist. v. Ball, 473 U.S. 373 | 1985 | Disallowed practice of providing remedial and enrichment courses taught by public school personnel in religious schools leased to the public schools. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Jensen v. Quaring, 472 U.S. 478 (aff'd by equally divided Court) | 1985 | Struck down requirement that applicant submit to having photograph taken for affixing on driver's license as unconstitutionally burdening free exercise. |
Free Exercise Exemptions-Miscellaneous | |
| Tony & Susan Alamo Foundation v. Secretary of Labor, 471 U.S. 290 | 1985 | Application of the FLSA to religious foundation and its employees did not violate the Free Exercise or Establishment Clauses. |
Fair Labor Standards Act | |
| Wallace v. Jaffree, 472 U.S. 38 | 1985 | Disallowed state law requiring moment of silence for prayer or meditation in public schools. |
Prayer/Religion in Public Schools | |
| Ansonia Bd. of Educ. v. Philbrook, 479 U.S. 6 | 1986 | Employer not required to accept employee's preferred religious accommodation. |
Employers and Religious Workers | |
| Bender v. Williamsport Sch. Dist., 475 U.S. 534 | 1986 | School board member, in his individual capacity as a parent, has no standing to appeal a decision concerning his child's religious rights. |
Standing | |
| Bishop and Diocese of Colorado v. Mote, 716 P.2d 85 (Colo. 1986) | 1986 | The judgment of the court of appeals was reversed and remand to that court with directions to return it to the district court for entry of judgment in favor of the plaintiffs consistent with the views expressed in this opinion and for a determination of any further relief that may be appropriate. |
| |
| Bowen v. Roy, 476 U.S. 693 (plurality in part) | 1986 | Federal agency's internal use of social security number in administering programs does not violate the Free Exercise Clause, notwithstanding parent's belief that use of the number would impair his child's spirit. |
Social Security | |
| Goldman v. Weinberger, 475 U.S. 503 | 1986 | First Amendment does not prohibit application of Air Force regulation preventing wearing of yarmulke by officer while on duty and in uniform. |
Military Religious Liberty | |
| Hutchison v. Thomas, 789 F.2d 392
(6th Cir. 1986)
cert. denied, 479 U.S. 885 | 1986 | *First Amendment bars minister's claims for fraudulent concealment and collusive and arbitrary application of doctrinal statements to compel his retirement. |
Church Autonomy Ministerial Exception | |
| Ohio Civil Rights Comm'n v. Dayton Christian Schs., 477 U.S. 619 | 1986 | Federal courts should abstain from adjudicating issues also pending in state proceedings as long as plaintiff has opportunity to litigate his constitutional claim in state proceedings. |
Federal Jurisdiction and Abstention | |
| Rayburn v. Gen. Conf. of Seventh-day Adventists, 772 F.2d 1164 (4th Cir.)
cert. denied 478 U.S. 1020 (1986) | 1986 | *First Amendment bars sexual and racial discrimination claims brought by applicant for pastoral care position. |
Church Autonomy Ministerial Exception | |
| United States v. Dion, 476 U.S. 734 | 1986 | Native American could be convicted under Endangered Species Act for selling parts of Bald Eagle notwithstanding that earlier treaty reserved right to hunt and that taking of bird feathers was for religious purposes. |
Native American Religious Liberty | |
| Witters v. Washington Dep't of Servs. for the Blind, 474 U.S. 481 | 1986 | Under vocational rehab program, upheld aid to blind person attending sectarian school of higher education to enter religious vocation. |
Government Benefit to Religious Entities Religious Schools and Colleges Vouchers | |
| Board of Airport Comm'rs v. Jews for Jesus, Inc., 482 U.S. 569 | 1987 | Airport regulation banning all "first amendment activities" within a public or non-public forum is a violation of overbreadth doctrine. |
Religious Speech | |
| Cooper v. Eugene Sch. Dist. No. 4J, 480 U.S. 942 (appeal dismissed for want of substantial federal question) | 1987 | White clothing and turban worn by Sikh special education teacher could be banned out of desire to keep public schools religiously neutral. |
Employers and Religious Workers Prayer/Religion in Public Schools | |
| Corporation of Presiding Bishop of the Church of Jesus Christ of Latter-day Saints v. Amos, 483 U.S. 327 | 1987 | Upheld religious discrimination exemption in Title VII for religious organizations. |
Statutory Exemptions for Religious Persons/Entities | |
| Edwards v. Aguillard, 482 U.S. 578 | 1987 | Disallowed state law requiring teaching of creation whenever evolution is taught. |
Evolution | |
| Hobbie v. Unemployment Appeals Comm'n, 480 U.S. 136 | 1987 | Refusal to award unemployment compensation benefits to claimant, who was discharged when she refused to work on her Sabbath, violated free exercise. |
Unemployment Compensation | |
| Karcher v. May, 484 U.S. 72 | 1987 | Legislative officers cannot appeal decision on "moment of silence" law after having left office. |
Standing | |
| O'Lone v. Estate of Shabazz, 482 U.S. 342 | 1987 | Heightened scrutiny of prison regulations allegedly impinging on inmates constitutional rights is not appropriate whenever regulations effectively prohibit, rather than simply limit, particular exercise of rights. |
Prisoners' Religious Liberty | |
| Shaare Tefila Congregation v. Cobb, 481 U.S. 615 | 1987 | Jewish person may rely on race-based discrimination clause of civil rights statute for claim against desecrators of synagogue. |
Private Religious Discrimination | |
| Bowen v. Kendrick, 487 U.S. 589 | 1988 | Upheld, on its face, federal funding for faith-based counseling centers promoting teen chastity. |
Government Benefit to Religious Entities Standing | |
| Employment Div. v. Smith, 485 U.S. 660 | 1988 | State court must determine whether religious use of peyote is legal under state law. |
Unemployment Compensation | |
| Lyng v. Northwest Indian Cemetery Protective Ass'n, 485 U.S. 439 | 1988 | Constitution does not forbid construction of road through portion of national forest traditionally used for religious purposes by members of three Indian tribes. |
Native American Religious Liberty | |
| United States Catholic Conference v. Abortion Rights Mobilization, Inc., 487 U.S. 72 | 1988 | The Catholic Conference, a nonparty witness, could challenge district court's lack of subject matter jurisdiction where conference was being held in contempt for refusal to comply with discovery subpoena. |
Discovery Standing | |
| County of Allegheny v. ACLU, 492 U.S. 573 (plurality in part) | 1989 | Disallowed practice of displaying nativity scene; upheld practice of displaying Menorah as part of a holiday display. |
Religious Symbols/Creches/Ten Commandments | |
| Frazee v. Illinois Dep't of Empl. Security, 489 U.S. 829 | 1989 | Denial of unemployment benefits to individual, who declined job because it would have required him to work on Sunday, was violative of free exercise. |
Unemployment Compensation | |
| Hernandez v. Commissioner of Internal Revenue, 490 U.S. 680 | 1989 | Section of tax code allowing income tax deduction for charitable contributions, but not for payments resulting in return of a commensurate benefit, does not violate First Amendment. |
Tax Deductions/Credits | |
| Natal v. Christian and Missionary Alliance, 878 F.2d 1575 (1st Cir.) | 1989 | *First Amendment bars ordained minister claims for breach of contract, defamation, and emotional distress. |
Church Autonomy Church Communications Ministerial Exception | |
| Texas Monthly, Inc. v. Bullock, 489 U.S. 1 (plurality) | 1989 | Disallowed state sales tax exemption for certain religious publications. |
Tax Exemptions | |
| Davis v. United States, 495 U.S. 472 | 1990 | Treasury regulation governing charitable contribution does not allow taxpayers to claim deductions for expenses incurred by son on church mission. |
Tax Deductions/Credits | |
| Employment Div. v. Smith, 494 U.S. 872 | 1990 | Upheld denial of compensation where workers were fired after using peyote for sacramental purposes; Sherbert v. Verner, 374 U.S. 398 (1963), compelling interest test rejected. |
Native American Religious Liberty Unemployment Compensation | |
| Jimmy Swaggart Ministries v. Bd. of Equalization, 493 U.S. 378 | 1990 | Upheld uniform state levy of sales and use taxes on sale of religious material. |
Tax Exemptions Tax on Religion | |
| Minker v. Baltimore Annual Conf. of United Methodist Church, 894 F.2d 1354
(D.C. Cir.) | 1990 | *First Amendment bars Methodist minister's claims for breach of contract and age discrimination. |
Church Autonomy Church Communications Ministerial Exception | |
| Westside Bd. of Educ. v. Mergens, 496 U.S. 226 (plurality in part) | 1990 | Upheld Equal Access Act. |
Equal Access in Schools Prayer/Religion in Public Schools | |
| EEOC v. Arabian American Oil Co., 499 U.S. 244 | 1991 | Nondiscrimination in employment rules of Title VII do not apply outside United States. |
Employers and Religious Workers | |
| Little v. Wuerl, 929 F.2d 944
(3d Cir.) | 1991 | *First Amendment bars consideration of Title VII claim brought against Catholic school where non-Catholic elementary teacher sued for religious discrimination when school failed to renew her contract because of her remarriage in a Protestant ceremony. |
Church Autonomy Ministerial Exception | |
| Scharon v. St. Luke's Episcopal Presbyterian Hosp., 929 F.2d 360
(8th Cir.) | 1991 | *First Amendment bars chaplain-ordained minister's claims against Episcopal-affiliated hospital for age and sex discrimination. |
Church Autonomy Ministerial Exception | |
| Church of Scientology v. United States, 506 U.S. 9 | 1992 | Unlawful search claim not moot upon return of tapes to the church. |
Discovery Mootness | |
| Int'l Soc. for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672 | 1992 | An airport terminal is a non-public forum, therefore a ban on religious handbills and solicitation need only satisfy a reasonableness standard. |
Religious Literature Distribution Religious Speech | |
| Lee v. Weisman, 505 U.S. 577 | 1992 | Disallowed practice of clergy offering prayers during public school graduation ceremonies. |
Prayer/Religion in Public Schools | |
| Lewis v. Seventh-day Adventists Lake Conf., 978 F.2d 940
(6th Cir.) | 1992 | *First Amendment bars minister and his wife from alleging breach of contract, promissory estoppel, outrageous conduct, and loss of consortium claims against religious organization. |
Church Autonomy Ministerial Exception | |
| Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 | 1993 | *Municipal ordinance targeting Santerians ritual sacrifice of animals violates Free Exercise Clause. |
Discrimination Against Religion Zoning/Land Use Regulation | |
| Lamb’s Chapel v. Ctr. Moriches Union Free Sch. Dist., 508 U.S. 384 | 1993 | Struck down as viewpoint discrimination a public school policy that denied use of facilities to a church. |
Equal Access in Schools | |
| Zobrest v. Catalina Foothills Sch. Dist., 509 U.S. 1 | 1993 | *Government provided interpreter does not violate Establishment
Clause. |
Government Benefit to Religious Entities Religious Schools and Colleges Vouchers | |
| Bd. of Educ. v. Grumet, 512 U.S. 687 (plurality in part) | 1994 | Creation of new public school district coterminous with boundaries of a religious sect's village enclave violates Establishment Clause. |
Delegation of Sovereign Power to Religious Entity/Group | |
| Young v. Northern Ill. Conf. of United Methodist Church, 21 F.3d 184 (7th Cir.) | 1994 | *First Amendment bars minister's claims against church for sex and race discrimination due to failure to promote. |
Church Autonomy Ministerial Exception | |
| Capitol Sq. Review & Advisory Bd. v. Pinette, 515 U.S. 753 (plurality in part) | 1995 | State's refusal to allow display of religious symbol in public forum is speech discrimination not justified by Establishment Clause |
Equal Access in Schools Religious Speech Religious Symbols/Creches/Ten Commandments | |
| Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, 515 U.S. 557 | 1995 | *First Amendment allows private organization to exclude sexual advocacy group from participating in parade because state cannot compel affirmance of belief with which the private organization disagrees. |
Expressive Association | |
| Rosenberger v. Rector & Visitors, 515 U.S. 819 | 1995 | University's denial of funds to pay for printing of student publication with religious perspective constitutes viewpoint-based discrimination contrary to free speech rights. |
Equal Access in Schools Government Benefit to Religious Entities | |
| Yaggie v. Indiana-Kentucky Synod Evangelical Lutheran Church, 64 F.3d 664
(6th) | 1995 | *First Amendment bars pastor's defamation claim against church for defamation. |
Church Autonomy Church Communications Ministerial Exception | |
| EEOC v. Catholic University of America, 83 F.3d 455 (D.C. Cir.) | 1996 | *First Amendment bars sex discrimination claim against Catholic University after it denied tenure for nun teaching canon law. The ministerial exception survives Employment Div. v. Smith, 494 U.S. 872 (1990). Religious Freedom Restoration Act also bars Title VII discrimination claim. Two-year EEOC investigation of matter violates Establishment Clause. |
Church Autonomy | |
| Agostini v. Felton, 521 U.S. 203 | 1997 | Public employees may deliver remedial educational services on the parochial school campus. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Bell v. Presbyterian Church, 126 F.3d 328
(4th Cir.) | 1997 | First Amendment barred executive director who was an ordained minister from suing a religious corporation for tortious contractual interference and interference with prospective advantage, outrageous conduct, breach of covenant of good faith and fair dealing, wrongful termination and breach of pledge to make financial contributions. |
Church Autonomy Ministerial Exception | |
| City of Boerne v. Flores, 521 U.S. 507 | 1997 | Freedom Restoration Act to state and local law exceeds Congress' power under § 5 of the Fourteenth Amendment, which is limited to remedial or preventive legislation. |
Incorporation by Fourteenth Amendment Religious Freedom Restoration Act Zoning/Land Use Regulation | |
| Clapper v. Chesapeake Conference of Seventh-Day Adventists, 166 F.3d 1208, (4th Cir.) | 1998 | *Dismissing age and race discrimination claim of elementary school teacher, because court found that the teacher's primary duties consist of teaching and spreading the faith and supervising and participating in worship. |
Church Autonomy Ministerial Exception | |
| Bollard v. California Province of the Society of Jesus, 196 F.3d 940
(9th Cir.) | 1999 | *First Amendment did not bar Jesuit novice from suing Jesuits for sexual harassment, where Jesuits disapproved such conduct. |
Church Autonomy Ministerial Exception | |
| Combs v. Cen. Tex. Annual Conf. of the United Methodist Church,
173 F.3d 343
(5th Cir.) | 1999 | *First Amendment bars ordained female minister's claims of sex and pregnancy discriminations. Minsterial exception survives Employment Div., Dep't of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990) and City of Boerne v. Flores, 521 U.S. 507 (1997). |
Church Autonomy Ministerial Exception | |
| Boy Scouts of America v. Dale, 530 U.S. 640 | 2000 | *As a values-inculcating organization, the Boy Scouts have a right of expressive association which is founded upon the Speech Clause and which ensures that the organization may enlist and engage exclusively like-minded individuals in their service even when doing so would otherwise violate a civil rights act. |
Expressive Association | |
| EEOC v. Roman Catholic Diocese of Raleigh, 213 F.3d 795 (4th Cir.) | 2000 | *First Amendment bars sex discrimination and retaliation claims of lay music minister even though her replacement is not of the same denomination as the defendant church. The ministerial exception survives Employment Div., Dep't of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990). Court also opines that music is a vital means of expressing religious faith. |
Church Autonomy Ministerial Exception | |
| Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299
(11th Cir.) | 2000 | *First Amendment barred ordained minister from suing church defendants for sex discrimination and retaliation. The ministerial exception survived Employment Div., Dep't of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990). |
Church Autonomy Ministerial Exception | |
| Mitchell v. Helms, 530 U.S. 1296 | 2000 | *Federal act providing library books and educational equipment to K-12 schools is constitutional. |
Government Benefit to Religious Entities Religious Schools and Colleges | |
| Sante Fe Ind. Sch. Dist. v. Doe, 530 U.S. 290 | 2000 | *District Court's alternative prayer policy in which school district was to hold two student elections, first, to determine whether to have invocations at athletic contests, and, second, to select the spokesperson violates the First Amendment. |
Prayer/Religion in Public Schools | |
| Troxel v. Granville 530 U.S. 57 | 2000 | *State legislation granting grandparents' rights of visitation over the objection of parents violates fundamental and constitutional right of parents to direct the upbringing of their children. |
Parental Rights | |
| Good News Club v. Milford Cent. Sch., 533 U.S. 98
(U.S.) | 2001 | *Refused to let Christian Club meet on public school property violates Constitution. |
Equal Access in Schools Prayer/Religion in Public Schools | |
| Johnson v. Economic Development Corporation of the County of Oakland, 241 F.3d 501 (6th Cir.) | 2001 | Establishment Clause does not preclude tax-exampt bond financing for
K-12 Catholic school. |
Government Benefit to Religious Entities Religious Schools and Colleges Tax Exempt Financing | |
| Bryce v. Episcopal Church in the Diocese of Colorado, 289 F.3d 648 (10th Cir. 2002) | 2002 | *First Amendment Doctrine of Church Autonomy bars Title VII and constitutional tort claims brought by youth minister and her partner against church entities and church officers and which arose from reduction in minister's duties and parish dialogues regarding sexual orientation. Judge need not recuse himself because he belongs to same denomination as defendants. |
Church Communications Expressive Association Ministerial Exception Religious Tests for Public Office | |
| Newdow v. U.S. Congress, 328 F.3d 466 (9th Cir.) | 2002 | *Both the 1954 Act of Congress adding Under God to the Pledge of Allegiance and a public school's practice of teacher-led recitation of the Pledge violate the Establishment Clause. |
Flag Salute Prayer/Religion in Public Schools Religious Speech | |
| Steele v. Indus. Dev. Bd. Metro. Gov't Nashville, 301 F.3d 401 (6th Cir.) | 2002 | *Establishment Clause does not preclude tax-exempt bond financing for pervasively sectarian Church of Christ University. |
Government Benefit to Religious Entities Religious Schools and Colleges Tax Exempt Financing | |
| Watchtower Bible and Tract Society of New York, Inc. v. Village of Stratton, 536 U.S. 150 | 2002 | *Town's requirement that door-to-door leafleters register with town as applied to the Jehovah's Witnesses' proselytizing violates First Amendment. |
Jehovah's Witnesses Religious Literature Distribution | |
| Zelman v. Simmons-Harris, 536 U.S. 639 (2002) | 2002 | *Cleveland's voucher program for tuition and tutorin of elementary and high school students does not violate Establishment Clause even if majority of student families redeem vouchers at religious schools. |
Government Benefit to Religious Entities Vouchers | |
| Freedom from Religion Foundation, Inc. v. McCallum, 324 F.3d 880 (7th Cir.) | 2003 | Voucher which allows convicted offender who violates parole to choose a religious half-way house for treatment does not violate Establishment Clause. |
Government Benefit to Religious Entities Vouchers | |
| Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1 | 2004 | Non-custodial father of minor does not have standing to challenge his daughter’s voluntary recitation of the Pledge of Allegiance to the U.S. flag. |
Flag Salute Prayer/Religion in Public Schools Religious Speech | |
| Hibbs v. Winn, 542 U.S. 88 | 2004 | Tax Injunction Act does not bar federal jurisdiction over Establishment Clause challenge to state tax credit for contributions to nonprofit organizations supporting nonpublic schools because the remedy sought would actually increase tax revenues. |
Federal Jurisdiction and Abstention Religious Schools and Colleges Tax Deductions/Credits Tax-Others |
|
| Locke v. Davey, 540 U.S. 712 | 2004 | Student who earned state scholarship to attend any accredited institution of higher education in state, may be denied the right to use the funding to seek a degree in theology; Free Exercise Clause not violated. |
Discrimination Against Religion Government Benefit to Religious Entities | |
| Brown v. Payton, 544 U.S. 133 | 2005 | In sentencing phase of jury deliberations, it was error to not admit as mitigating evidence defendant’s religious conversion. |
Prisoners' Religious Liberty |
|
| Cutter v. Wilkinson, 544 U.S. 709 | 2005 | Religious Land Use and Institutionalized Persons Act requiring states to accommodate religious practices of prison inmates not a preference for religion that violates Establishment Clause. |
Religious Land Use and Institutionalized Persons Act Statutory Exemptions for Religious Persons/Entities | |
| McCreary County v. ACLU, 125 S.Ct. 2722 | 2005 | Ten Commandments posted in two Kentucky county courthouses violated Establishment Clause because displays were mounted with the primary purpose of advancing religion. |
Religious Symbols/Creches/Ten Commandments | |
| Van Orden v. Perry, 125 S.Ct. 2854 | 2005 | Ten Commandments monument, one of several displays and memorials on the grounds of Texas' Capitol complex, in its larger context primarily conveys moral and historical message, and hence did not violate Establishment Clause. |
Religious Symbols/Creches/Ten Commandments | |
| Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal, 126 S.Ct. 1211 | 2006 | RFRA construed to afford preliminary protection to religious sect's importation and use of hallucinogen in religious sacrament. |
Religious Freedom Restoration Act Statutory Exemptions for Religious Persons/Entities | |
| Hein v. Freedom From Religion Foundation , 551 U.S. __, 127 S.Ct. 2553. | 2007 | Federal taxpayers lacked standing to pursue claim that discretionary action by Executive Branch violated Establishment Clause; Flast v. Cohen confined to its terms requiring: a challenge to a congressional program or other mandate, along with congressional appropriation funding the program or mandate. |
Standing | |
| Pleasant Grove City, Utah V. Summum, 129 S. Ct. 1125 | 2009 | Ten Commandments monument donated to city and thereafter put on display in city park becomes the adopted speech of the government. |
Religious Symbols/Creches/Ten Commandments | |
| Christian Legal Society V. Martinez, 130 S. Ct. 2971 | 2010 | Religious law student organization sued alleging loss of expressive association and free speech when it was denied access to limited forum because it restricted voting membership and leaders to those of like-minded faith and refraining from sex outside of traditional marriage; state university's policy that "all-comers" must be permitted to participate fully is upheld. |
Equal Access in Schools Expressive Association | |
| Salazar V. Buono, 130 S. Ct. 1803 (plurality) | 2010 | Roman cross erected by VFW on federal land as memorial to U.S. military killed in WWI challenged as violative of Establishment Clause; when Congress directed land swap so that cross would be on private property, the lower court's finding of religious purpose was reversed; case remanded to consider whether Congress' action was an endorsement of religious message of a symbol that could have multiple meanings. |
Religious Symbols/Creches/Ten Commandments | |
| Snyder V. Phelps,_U.S._,cert. granted | 2011 | Anti-gay protests by church members at soldier's funeral constitutes speech on public issue. Speech clause, therefore, bars liability for intentional infliction of emotional distress. Judgment for invasion of privacy and emotional distress against church and pastor for protesting funeral of soldier killed in combat violates Free Speech Clause. |
Free Speech of Religious Content | |