| 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 | |
| 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 cannot be deprived of right to function as cleric for failure to take expurgatory oath. |
Oaths Religious Tests for Public Office | |
| 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 | |
| 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 | |
| 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. |
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. |
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. |
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 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 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. |
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). |
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. |
Religious Literature Distribution Tax on Religion | |
| Jamison v. Texas, 318 U.S. 413 | 1943 | Ordinance prohibiting the dissemination of handbills is unconstitutional. |
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. |
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. |
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. |
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 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 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. |
Military Religious Liberty Military Service | |
| Follett v. Town of McCormick, 321 U.S. 573 | 1944 | Disallowed flat license tax on minister distributing religious material. |
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. |
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. |
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. |
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. |
Religious Literature Distribution | |
| Tucker v. Texas, 326 U.S. 517 | 1946 | Statute making it an offense to distribute literature in government-owned town invalid. |
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. |
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. |
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. |
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 |