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Case Name YearDecision of the CourtTopic Group(s)   
Agostini v. Felton, 521 U.S. 2031997Public employees may deliver remedial educational services on the parochial school campus. Government Benefit to Religious Entities

Religious Schools and Colleges


 
Aguilar v. Felton, 473 U.S. 4021985Disallowed practice of providing and monitoring federally funded Title I remedial services at private schools. Government Benefit to Religious Entities

Religious Schools and Colleges

Americans United for Sep. of Church & State v. Blanton, 434 U.S. 803 ( summarily aff'd)1977Tennessee 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


 
Ansonia Bd. of Educ. v. Philbrook, 479 U.S. 61986Employer not required to accept employee's preferred religious accommodation. Employers and Religious Workers


 
Arlan's Dep't Store of Louisville v. Kentucky, 371 U.S. 218 (appeal dismissed for want of a substantial federal question)1962Exemption from Sunday closing law for sabbatarians does not violate Establishment Clause. Sunday Law and Other Religious Feasts


 
Attorney General v. Federal Street Meeting-house, 66 U.S. (1 Black) 2621862In 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


 
Baker v. Nachtrieb, 60 U.S. (19 How.) 1261856Defecting member of Harmony Society cannot recover share of property from the society. Church Property


 
Ball v. United States, 140 U.S. 1181891Although 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


 
Bartels v. Iowa, 262 U.S. 4041923Reversing conviction on the basis of Meyer v. Nebraska (1923). Religious Schools and Colleges


 
Bassett v. United States, 137 U.S. 4961890Conviction for polygamy reversed where wife permitted to testify against husband contrary to testimonial privilege between spouses. Polygamy


 
Bd. of Educ. of Methodist Episcopal Church v. Illinois, 203 U.S. 5531906State could only constitutionally exempt from inheritance tax only those charitable bequests to charities that were chartered in Illinois. Tax Exemptions


 
Bd. of Educ. v. Grumet, 512 U.S. 687 (plurality in part)1994Creation 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


 
Bd. of Trs. of Vill. of Scarsdale v. McCreary, 471 U.S. 83 (aff'd by equally divided Court)1985Privately sponsored Christmas nativity scene permitted in village park. Religious Symbols/Creches/Ten Commandments


 
Beatty v. Kurtz, 27 U.S. (2 Pet.) 5661829Although 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


 
Bell v. Presbyterian Church, 126 F.3d 328 (4th Cir.)1997First 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


 
Bender v. Williamsport Sch. Dist., 475 U.S. 5341986School board member, in his individual capacity as a parent, has no standing to appeal a decision concerning his child's religious rights. Standing


 
Berea College v. Kentucky, 211 U.S. 451908Criminal 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


 
Bishop and Diocese of Colorado v. Mote, 716 P.2d 85 (Colo. 1986)1986The 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.  

 
Board of Airport Comm'rs v. Jews for Jesus, Inc., 482 U.S. 5691987Airport regulation banning all "first amendment activities" within a public or non-public forum is a violation of overbreadth doctrine. Religious Speech


 
Board of Educ. v. Allen, 392 U.S. 2361968Upheld state law requiring secular textbooks be provided to private and public schools. Government Benefit to Religious Entities

Religious Schools and Colleges

Bob Jones Univ. v. United States, 461 U.S. 5741983Upheld IRS revocation of tax exempt status on the basis of racially discriminatory policies. Race and Religion

Tax Exemptions


 
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


 
Bouldin v. Alexander, 82 U.S. (15 Wall.) 1311872Courts 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


 
Bowen v. Kendrick, 487 U.S. 5891988Upheld, on its face, federal funding for faith-based counseling centers promoting teen chastity. Government Benefit to Religious Entities

Standing


 
Bowen v. Roy, 476 U.S. 693 (plurality in part)1986Federal 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


 
Boy Scouts of America v. Dale, 530 U.S. 6402000*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

Bradfield v. Roberts, 175 U.S. 2911899Upholding use of federal funds for construction at religious hospital. Government Benefit to Religious Entities


 
Braunfeld v. Brown, 366 U.S. 599 (plurality)1961Statute proscribing Sunday retailing did not violate free exercise of Jewish owners. Free Exercise Exemptions-Miscellaneous

Sunday Law and Other Religious Feasts


 
Brown v. Payton, 544 U.S. 1332005In sentencing phase of jury deliberations, it was error to not admit as mitigating evidence defendant’s religious conversion. Prisoners' Religious Liberty

   
Brusca v. Bd. of Educ., 405 U.S. 1050 (summarily aff'd)1972Provision 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


 
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


 
Bucher v. Cheshire RR. Co., 125 U.S. 5551888In 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


 
Bunn v. North Carolina, 336 U.S. 942 (appeal dismissed for want of substantial federal question)1949Upheld law prohibiting handling of poisonous reptiles as applied to a church. Discrimination Against Religion

Snake Handling


 
Busey v. Dist. of Columbia, 319 U.S. 5791943Conviction 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


 
Byrne v. Public Funds for Pub. Schs., 442 U.S. 907 (summarily aff'd)1979State 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


 
California v. Grace Brethren Church, 457 U.S. 3931982Tax Injunction Act prohibited federal court taking jurisdiction over case involving state tax. Tax-Others


 
Cannon v. United States, 116 U.S. 551885Meaning 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, 118 U.S. 3551886Cannon v. United States, 116 U.S. 55 (1885), was vacated for want of jurisdiction. Polygamy


 
Cantwell v. Connecticut, 310 U.S. 2961940State 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

Capitol Sq. Review & Advisory Bd. v. Pinette, 515 U.S. 753 (plurality in part)1995State'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


 
Catholic Bishop of Nesqually v. Gibbon,158 U.S. 1551895Grant 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

   
Chamberlin v. Bd. of Pub. Instruction, 377 U.S. 40 (per curiam)1964Reading of Bible and recitation of Lord's Prayer in public school unconstitutional. Prayer/Religion in Public Schools


 
Chaplinsky v. New Hampshire, 315 U.S. 5681942Cursing a public officer is not an exercise of religion or protected speech. Religious Speech


 
Chatwin v. United States, 326 U.S. 4551946Defendant who persuaded minor female to join him in "celestial" marriage is not guilty of kidnapping. Polygamy


 
Chicago Theological Seminary v. Illinois, 188 U.S. 6621903State’s narrow interpretation of tax statute so as to deny exemption to investment real estate held by seminary is permissible. Tax Exemptions


 
Christ Church Hospital v. Philadelphia, 65 U.S. (24 How.) 3001861It was within city’s authority to partially revoke exemption following a partial repeal of the property tax exemption statute. Tax Exemptions


 
Christian Union v. Yount, 101 U.S. 3521879As a matter of statutory construction, out-of-state religious corporations can receive a conveyance of property in Illinois. Church Property


 
Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 5201993*Municipal ordinance targeting Santerians ritual sacrifice of animals violates Free Exercise Clause. Discrimination Against Religion

Zoning/Land Use Regulation


 
Church of Scientology v. United States, 506 U.S. 91992Unlawful search claim not moot upon return of tapes to the church. Discovery

Mootness


 
City of Boerne v. Flores, 521 U.S. 5071997Freedom 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


 
Clawson v. United States, 114 U.S. 4771885Upholding indictment for cohabitation and polygamy notwithstanding exclusion of Mormons from serving on grand jury. Polygamy

Religious Tests for Public Office


 
Clay v. United States, 403 U.S. 698 (per curiam)1971Conviction of Black Muslim for refusing induction is reversed when government conceded pacifism and sincerity. Military Service


 
Cleveland v. United States, 329 U.S. 141946The transportation across state lines of plural wives by members of polygamous sect was for an "immoral purpose" within meaning of the Mann Act. Polygamy


 
Cochran v. Louisiana State Bd. of Educ., 281 U.S. 3701930Upheld state law providing secular textbooks to all students, including religious school students. Government Benefit to Religious Entities

Religious Schools and Colleges


 
Cohnstaedt v. INS, 339 U.S. 901 (rev’d mem.)1950Reaffirming Girouard v. United States, 328 U.S. 61 (1946). Naturalization and Foreign Workers


 
Coit v. Green, 404 U.S. 997 (summarily aff'd)1971Upholding IRS revocation of tax exemption on basis of racially exclusionary policies. Race and Religion

Statutory Exemptions for Religious Persons/Entities

Tax Exemptions


 
Coleman v. City of Griffin 302 U.S. 636 (appeal dismissed for want of substantial federal question)1937Upholding 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


 
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


 
Committee for Pub. Educ. & religious Liberty v. Regan 444 U.S. 6461980Upheld religious school reimbursement for actual costs of state-mandated tests and reporting. Government Benefit to Religious Entities

Religious Schools and Colleges


 
Committee for Pub. Educ. v. Nyquist, 413 U.S. 7561973Disallowed 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


 
Cooper v. Eugene Sch. Dist. No. 4J, 480 U.S. 942 (appeal dismissed for want of substantial federal question)1987White 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


 
Cooper v. Pate, 378 U.S. 5461964Black Muslim prisoner's claim that he was denied religious publications is entitled to hearing on the merits. Prisoners' Religious Liberty


 
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)1949Upheld exclusion of churches from area reserved for single family homes. Zoning/Land Use Regulation


 
Corporation of Presiding Bishop of the Church of Jesus Christ of Latter-day Saints v. Amos, 483 U.S. 3271987Upheld religious discrimination exemption in Title VII for religious organizations. Statutory Exemptions for Religious Persons/Entities


 
County of Allegheny v. ACLU, 492 U.S. 573 (plurality in part)1989Disallowed practice of displaying nativity scene; upheld practice of displaying Menorah as part of a holiday display. Religious Symbols/Creches/Ten Commandments


 
Cox v. New Hampshire, 312 U.S. 5691941It 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


 
Cox v. United States, 332 U.S. 4421947Courts have limited scope of review over board's classification of Jehovah's Witness as conscientious objector rather than minister. Jehovah's Witnesses

Military Service


 
Crane v. Johnson, 242 U.S. 3391917Conviction 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


 
Cruz v. Beto, 405 U.S. 3191972Reasonable opportunities must be afforded to prison inmates to exercise religion. Prisoners' Religious Liberty


 
Cummings v. Missouri, 71 U.S. (4 Wall.) 2771866Priest cannot be deprived of right to function as cleric for failure to take expurgatory oath. Oaths

Religious Tests for Public Office


 
Cutter v. Wilkinson, 544 U.S. 7092005Religious 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


 
Davis v. Beason, 133 U.S. 3331890Upheld conviction for falsely taking oath to the effect that one was not member of polygamous organization. Polygamy


 
Davis v. United States, 495 U.S. 4721990Treasury regulation governing charitable contribution does not allow taxpayers to claim deductions for expenses incurred by son on church mission. Tax Deductions/Credits


 
Dewey v. Reynolds Metals Co., 402 U.S. 689 (aff'd by equally divided Court)1971Decision below rejects a job accommodation claim of a sabbatarian. Employers and Religious Workers


 
Dickinson v. United States, 346 U.S. 3891953Classification 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


 
Diffenderfer v. Central Baptist Church, 404 U.S. 41 (per curiam)1972Challenge 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


 
Donner v. New York, 342 U.S. 884 (appeal dismissed for want of substantial federal question)1951Teacher certification law upheld as applied to Jewish day school. Free Exercise Exemptions-Miscellaneous

Religious Schools and Colleges


 
Doremus v. Bd. of Educ., 342 U.S. 4291952Taxpayers do not have standing to challenge Bible reading in public school; case is moot because pupil has graduated. Mootness

Standing


 
Douglas v. City of Jeannette,3 19 U.S. 1571943Case was not properly in federal court; same ordinance was dealt with in Murdock. Jehovah's Witnesses

Religious Literature Distribution

Tax on Religion


 
Durhan v. McLeod, 413 U.S. 902 (app'l dismissed for want of substantial federal question)1973Upheld state loan program whereby students could attend college of their choice.  

 
Eagles v. United States ex rel. Horowitz, 329 U.S. 3171946Draft 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. 3041946Neither 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


 
Edwards v. Aguillard, 482 U.S. 5781987Disallowed state law requiring teaching of creation whenever evolution is taught. Evolution


 
EEOC v. Arabian American Oil Co., 499 U.S. 2441991Nondiscrimination in employment rules of Title VII do not apply outside United States. Employers and Religious Workers


 
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


 
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


 
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


 
Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 12004Non-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

Employment Div. v. Smith, 485 U.S. 6601988State court must determine whether religious use of peyote is legal under state law. Unemployment Compensation


 
Employment Div. v. Smith, 494 U.S. 8721990Upheld 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

Engel v. Vitale, 370 U.S. 4211962Disallowed state program of daily classroom prayer. Prayer/Religion in Public Schools

Epperson v. Arkansas, 393 U.S. 971968Disallowed prohibition on teaching theory of evolution in public schools. Evolution


 
Essex v. Wolman, 409 U.S. 808 (summarily aff’d)1972State tuition grants to parents enrolling children in nonpublic schools violates Establishment Clause. Government Benefit to Religious Entities

Religious Schools and Colleges


 
Estate of Thornton v. Caldor, Inc., 472 U.S. 7031985Disallowed state law guaranteeing private sector employee a right not to work on Sabbath. Employers and Religious Workers


 
Estep v. United States, 327 U.S. 1141946Draft board's refusal to classify Jehovah's Witness as minister is, after exhausting administrative remedies, subject to judicial review. Jehovah's Witnesses

Military Service


 
Everson v. Bd. of Educ., 330 U.S. 11947Upheld 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

Ex Parte Hans Nielsen, 131 U.S. 1761889Mormon who pleaded guilty of cohabitation (living together as husband and wife when married to another) could not also be tried for adultery. Polygamy


 
Falbo v. United States, 320 U.S. 5491944Draft 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


 
Farrington v. Tokushige, 273 U.S. 2841927Invalidating overbearing regulation of private nonsectarian schools. Religious Schools and Colleges


 
First Unitarian Church v. County of Los Angeles, 357 U.S. 5451958Striking down loyalty oath requirement to obtain property tax exemption as violative of due process. Oaths

Tax Exemptions


 
Flast v. Cohen, 392 U.S. 831968Federal taxpayer had standing to sue to prevent federal funds for religious schools. Standing


 
Follett v. Town of McCormick, 321 U.S. 5731944Disallowed flat license tax on minister distributing religious material. Jehovah's Witnesses

Religious Literature Distribution

Tax on Religion


 
Fowler v. Rhode Island, 345 U.S. 671953Ordinance prohibiting religious speech in public park but not church services, violates First Amendment. Discrimination Against Religion

Jehovah's Witnesses

Religious Speech


 
Franchise Tax Bd. v. United Americans for Pub. Schs., 419 U.S. 890 (summarily aff'd)1974State income tax reduction for parents enrolling children in nonpublic school is unconstitutional. Government Benefit to Religious Entities

Religious Schools and Colleges

Tax Deductions/Credits


 
Frazee v. Illinois Dep't of Empl. Security, 489 U.S. 8291989Denial 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


 
Freedom from Religion Foundation, Inc. v. McCallum, 324 F.3d 880 (7th Cir.)2003Voucher 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


 
Friedman v. New York, 341 U.S. 907 (appeal dismissed for want of substantial federal question)1951Legislation construed to apply to laborers but not retailers. Sunday Law and Other Religious Feasts


 
Gaines v. Hennen, 65 U.S. (24 How.) 5531861In 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


 
Gaines v. Relf, 53 U.S. (12 How.) 4721852In 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


 
Gallagher v. Crown Kosher Super Mkt., 366 U.S. 6171961Upheld 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


 
Gara v. United States, 340 U.S. 857 (aff'd by equally divided Court)1950Notwithstanding religious scruples, defendant is subject to military draft. Military Service


 
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


 
Gen. Council on Fin. and Admin. of United Methodist Church v. Superior Court, 439 U.S. 1369 (Opinion in Chambers, Rehnquist, J.)1978First Amendment does not bar consideration of church polity for the purpose of determining personal jurisdiction over church. Church Autonomy


 
Gen. Fin. Corp. v. Archetto, 369 U.S. 423(appeal dismissed for want of substantial federal question)1962Property tax exemptions for religious organizations are not in violation of Equal Protection or Due Process Clauses, nor of the First Amendment. Tax Exemptions

   
Gibbons v. District of Columbia, 116 U.S. 4041886Upheld property tax levies on land owned by and adjacent to a church but not used or needed for its convenient enjoyment. Tax Exemptions


 
Gibson v. United States, 329 U.S. 3381946Jehovah's Witness minister could appeal his classification without first appearing at induction camp. Jehovah's Witnesses

Military Service

Military Service


 
Gillette v. United States, 401 U.S. 4371971Exempting person from military service if opposed to all war, but not those objecting to participation in a particular war, does not violate Constitution.  

 
Gilmer v. Stone, 120 U.S. 5861887As 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


 
Girouard v. United States, 328 U.S. 611946As 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


 
Goesele v. Bimeler, 55 U.S. (14 How.) 5891852Heirs of deceased member of Society of Separatists cannot recover share of property from the society. Church Property


 
Goldman v. Weinberger, 475 U.S. 5031986First Amendment does not prohibit application of Air Force regulation preventing wearing of yarmulke by officer while on duty and in uniform. Military Religious Liberty


 
Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal, 126 S.Ct. 12112006RFRA 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


 
Gonzales v. United States, 348 U.S. 4071955Jehovah's Witness was denied fair hearing because of failure to supply him with materials in his record. Jehovah's Witnesses

Military Service


 
Gonzalez v. Roman Catholic Archbishop, 280 U.S. 11929Court declined to interfere in refusal by archbishop to appoint petitioner to ecclesiastical office. Charitable Bequest

Church Autonomy

Religious Purpose Trust


 
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


 
Grand Rapids Sch. Dist. v. Ball, 473 U.S. 3731985Disallowed 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


 
Griggs v. Public Funds for Pub. Schs., 417 U.S. 961 (summarily aff'd)1974State 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


 
Grit v. Wolman,413 U.S. 901 (summarily affirmed)1973State tax credits for expenses related to children enrolled in nonpublic schools violate Establishment Clause. Religious Schools and Colleges

Tax Deductions/Credits

   
Grove City Coll. v. Bell,465 U.S. 5551984Religious 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

   
Hallett v. Collins, 51 U.S. (10 How.) 1741850Spanish 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


 
Hamilton v. Regents of Univ. of California, 293 U.S. 2451934Due process clause of Fourteenth Amendment confers no right to attend state university without taking prescribed course in military training. Military Service


 
Harris v. McRae, 448 U.S. 2971980Upheld congressional restrictions on federally funded abortions. Abortion

Standing


 
Heffron v. Intn'l Soc. for Krishna Consciousness, Inc., 452 U.S. 6401981Prohibiting sale or distribution on fair grounds did not violate First Amendment as applied to members of religious sect. Religious Literature Distribution


 
Hein v. Freedom From Religion Foundation , 551 U.S. __, 127 S.Ct. 2553.2007Federal 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


 
Heisey v. County of Alameda, 352 U.S. 921 (appeal dismissed for want of substantial federal question)1956Property tax exemption for religious school and charity does not violate Establishment Clause. Tax Exemptions

   
Heisler v. Bd. of Review,343 U.S. 939 (appeal dismissed for want of substantial federal question)1952Denial 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

   
Helm v. Zarecor, 222 U.S. 321911In 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


 
Hennington v. Georgia, 163 U.S. 2991896State may prohibit Sunday operation of trains without violating "dormant" commerce clause. Sunday Law and Other Religious Feasts


 
Hernandez v. Commissioner of Internal Revenue, 490 U.S. 6801989Section 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


 
Hernandez v. Veterans' Administration, 415 U.S. 3911974Constitutional challenge by conscientious objectors to denial of veteran educational benefits not barred by statute. Discrimination Against Religion

Military Service

Vouchers


 
Hibbs v. Winn, 542 U.S. 882004Tax 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

   
Hobbie v. Unemployment Appeals Comm'n, 480 U.S. 1361987Refusal to award unemployment compensation benefits to claimant, who was discharged when she refused to work on her Sabbath, violated free exercise. Unemployment Compensation


 
Hunt v. McNair, 413 U.S. 7341973Upheld issuance of revenue bonds for religious colleges. Government Benefit to Religious Entities

Religious Schools and Colleges

Tax Exempt Financing


 
Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, 515 U.S. 5571995*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


 
Hutchison v. Thomas, 789 F.2d 392 (6th Cir. 1986) cert. denied, 479 U.S. 8851986*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


 
Hygrade Provision Co. v. Sherman, 266 U.S. 4971925State 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


 
In re Snow, 120 U.S. 2741887Reversing multiple convictions for cohabitation for different years with same woman because offense was inherently a single continuous event. Polygamy


 
In re Summers, 325 U.S. 5611945Turning 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


 
Insurance Co. v. Chase, 72 U.S. (5 Wall.) 5091867Trustee 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


 
Int'l Soc. for Krishna Consciousness, Inc. v. Lee, 505 U.S. 6721992An 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


 
Jamison v. Texas, 318 U.S. 4131943Ordinance prohibiting the dissemination of handbills is unconstitutional. Jehovah's Witnesses

Religious Literature Distribution


 
Jehovah's Witnesses v. King County Hosp., 390 U.S. 59 (summarily aff'd)1968Blood transfusions may be administered to children over religious objections. Jehovah's Witnesses

Medical Care


 
Jensen v. Quaring, 472 U.S. 478 (aff'd by equally divided Court)1985Struck down requirement that applicant submit to having photograph taken for affixing on driver's license as unconstitutionally burdening free exercise. Free Exercise Exemptions-Miscellaneous


 
Jimmy Swaggart Ministries v. Bd. of Equalization, 493 U.S. 3781990Upheld uniform state levy of sales and use taxes on sale of religious material. Tax Exemptions

Tax on Religion


 
Johnson v. Economic Development Corporation of the County of Oakland, 241 F.3d 501 (6th Cir.)2001Establishment 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


 
Johnson v. Robison, 415 U.S. 3611974Statute which grants educational benefits to military draftees, but not to draftees who perform civilian alternative service, is constitutional. Discrimination Against Religion

Military Service

Vouchers


 
Jones v. Opelika [Opelika II], 319 U.S. 1031943On 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


 
Jones v. Opelika [Opelika I], 316 U.S. 5841942Jehovah's Witnesses selling tracts are not exempt from regulation of commercial activities. Religious Literature Distribution


 
Jones v. Wolf, 443 U.S. 5951979A state may, at its option, adopt neutral principles of law as a means of adjudicating church property disputes. Church Autonomy

Intra-Church Disputes


 
Joseph Burstyn, Inc. v. Wilson, 343 U.S. 4951952State law permitting censorship of films that are "sacrilegious" is unconstitutional. Censorship


 
Kain v. Gibboney, 101 U.S. 3621879A bequest to voluntary association of Catholic nuns was ineffective because an unincorporated society in Virginia is incapable of taking under a will. Charitable Bequest


 
Karcher v. May, 484 U.S. 721987Legislative officers cannot appeal decision on "moment of silence" law after having left office. Standing


 
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


 
Kedroff v. St. Nicholas Cathedral, 344 U.S. 941952State undertaking to transfer control of church from central governing hierarchy to local governing authorities is unconstitutional. Church Autonomy

Intra-Church Disputes


 
Kreshik v. St. Nicholas Cathedral of the Russian Orthodox Church of North America, 363 U.S. 190 (per curiam)1960First Amendment prevents judiciary, as well as legislature, from interfering in ecclesiastical governance. Church Autonomy

Intra-Church Disputes


 
Kunz v. New York, 340 U.S. 2901951Ordinances 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


 
Lamb’s Chapel v. Ctr. Moriches Union Free Sch. Dist., 508 U.S. 3841993Struck down as viewpoint discrimination a public school policy that denied use of facilities to a church. Equal Access in Schools


 
Largent v. Texas, 318 U.S. 4181943A city ordinance requiring permit to solicit orders for books is unconstitutional as applied to distribution of religious publications. Jehovah's Witnesses

Religious Literature Distribution


 
Larkin v. Grendel's Den, Inc., 459 U.S. 1161982Disallowed 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. 2281982Disallowed state law requiring only certain religious organizations to make reports. Charitable Solicitation

Discrimination Against Religion


 
Late Corp. of the Church of Jesus Christ of Latter-day Saints v. United States, 136 U.S. 11890Upheld revocation of Mormon Church charter and confiscation of church property. Church Property

Polygamy


 
Late Corp. of the Church of Jesus Christ of Latter-day Saints v. United States,140 U.S. 6651891Decree entered on opinion reported at 136 U.S. 1 (1890) Church Property

Polygamy

   
Lee v. Weisman, 505 U.S. 5771992Disallowed practice of clergy offering prayers during public school graduation ceremonies. Prayer/Religion in Public Schools

Lemon v. Kurtzman, 403 U.S. 6021971Disallowed 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

Lemon v. Kurtzman, 411 U.S. 1921973Lemon 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. 4721973Disallowed state law authorizing reimbursement for state-required records and tests. Government Benefit to Religious Entities

Religious Schools and Colleges


 
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


 
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


 
Locke v. Davey, 540 U.S. 7122004Student 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

Lovell v. City of Griffin, 303 U.S. 4441938Ordinance prohibiting distribution of literature of any kind is unconstitutional because it abridges freedom of the press. Jehovah's Witnesses

Religious Literature Distribution


 
Lowrey v. Hawaii, 206 U.S. 2061907Claim 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


 
Lowrey v. Hawaii, 215 U.S. 5541910Government'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


 
Luetkemeyer v. Kaufmann, 419 U.S. 888 (summarily aff'd)1974Providing 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


 
Lynch v. Donnelly, 465 U.S. 6681984Upheld government practice of displaying nativity scene as part of a holiday display. Religious Symbols/Creches/Ten Commandments

Lyng v. Northwest Indian Cemetery Protective Ass'n, 485 U.S. 4391988Constitution 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


 
Marsh v. Alabama, 326 U.S. 5011946The 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


 
Marsh v. Chambers, 463 U.S. 7831983Upheld state practice of hiring chaplain and offering prayers in the legislature. Legislative Prayer

Martin v. City of Struthers, 319 U.S. 1411943Ordinance forbidding door-to-door distribution of handbills, circulars or other advertising matter is unconstitutional. Jehovah's Witnesses

Religious Literature Distribution


 
Maryland & Virginia Eldership of Churches of God v. Church of God at Sharpsburg, 396 U.S. 367 (per curiam)1970Civil courts may resolve church property disputes as long as it does not involve inquiry into church doctrine. Church Autonomy

Intra-Church Disputes


 
McClure v. Salvation Army, 460 F.2d 553 (5th Cir.) cert. denied 409 U.S. 8961972*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


 
McCollum v. Bd. of Educ., 333 U.S. 2031948Invalidating program allowing clerics to hold religion classes in public schools during school hours. Prayer/Religion in Public Schools

Released Time

McCreary County v. ACLU, 125 S.Ct. 27222005Ten 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


 
McDaniel v. Paty, 435 U.S. 618 (plurality)1978Disqualification of clergy from public office violates First Amendment. Religious Tests for Public Office


 
McGowan v. Maryland, 366 U.S. 4201961Upheld state law proscribing Sunday commercial activity notwithstanding economic harm. Sunday Law and Other Religious Feasts


 
McKnight v. Bd. of Pub. Educ., 341 U.S. 913 (appeal dismissed for want of a substantial federal question)1951Public school may deny equal access to facilities sought by religious organizations. Discrimination Against Religion


 
Meek v. Pittenger, 421 U.S. 349 (plurality in part)1975Upheld 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


 
Meyer v. Nebraska, 262 U.S. 3901923Statute forbidding teaching of foreign languages held unconstitutional. Parental Rights

Religious Schools and Colleges


 
Miles v. United States, 103 U.S. 3041880In 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


 
Minersville Sch. Dist. v. Gobitis, 310 U.S. 5861940A requirement that pupils salute the flag in daily school exercises is not violative of due process Flag Salute

Jehovah's Witnesses

Religious Speech

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


 
Missionary Soc’y of M.E. Church v. Dalles City,107 U.S. 3361883Oregon Territory’s grant of land to religious society in possession was proper. Church Property

   
Mitchell v. Helms, 530 U.S. 12962000*Federal act providing library books and educational equipment to K-12 schools is constitutional. Government Benefit to Religious Entities

Religious Schools and Colleges

Montana Catholic Missions v. Missoula County, 200 U.S. 1181906Case 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


 
Mueller v. Allen, 463 U.S. 3881983Upheld tax deduction by religious school parents of education-related expenses. Government Benefit to Religious Entities

Religious Schools and Colleges

Tax Deductions/Credits

Mulloy v. United States, 398 U.S. 4101970Lapsed 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


 
Murdock v. Pennsylvania, 319 U.S. 1051943The 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


 
Murphy v. Ramsey, 114 U.S. 151885Upheld federal law disenfranchising polygamists. Polygamy


 
Musser v. Utah, 333 U.S. 951948Conviction for polygamy vacated and case remanded for consideration of state law questions. Polygamy

Religious Speech


 
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


 
National Labor Relations Board v. Catholic Bishop, 440 U.S. 4901979Refused to recognize National Labor Relations Board jurisdiction over lay teachers at religious schools. Ministerial Exception

National Labor Relations Act


 
New York v. Cathedral Academy, 434 U.S. 1251977Disallowed parochial school reimbursement for state-mandated record keeping and testing expenses. Government Benefit to Religious Entities

Religious Schools and Colleges


 
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


 
Niemotko v. Maryland, 340 U.S. 2681951Lack of standards in issuing license renders practice open to discrimination contrary to free speech and religion. Jehovah's Witnesses

Meeting Permits


 
Norwood v. Harrison, 413 U.S. 4551973Disallowed secular textbook loans to racially discriminatory schools. Government Benefit to Religious Entities

Race and Religion

Religious Schools and Colleges


 
O'Lone v. Estate of Shabazz, 482 U.S. 3421987Heightened 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


 
Oestereich v. Selective Service System, 393 U.S. 2331968Individual classified as divinity student could not lose exemption by sending board his draft card as protest. Military Service


 
Ohio Civil Rights Comm'n v. Dayton Christian Schs., 477 U.S. 6191986Federal 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


 
Order of St. Benedict v. Steinhauser, 234 U.S. 6401914Vow of poverty and communal ownership of property not contrary to public policy, thus enforcable by civil courts. Religious Communities


 
Pacific Union Conf. of Seventh-day Adventists v. Marshall, 434 U.S. 1305 (Rehnquist, J., Opinion as Circuit Justice)1977First 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, 429 U.S. 65 (per curiam)1976Affirming, 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

   
Parker Seal Co. v. Cummings,433 U.S. 9031977Vacating 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

   
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


 
Permoli v. Municipality No. 1, 44 U.S. (3 How.) 5891845Bill of Rights does not protect against impairment of religious liberty by states. Federalism

Incorporation by Fourteenth Amendment


 
Petit v. Minnesota, 177 U.S. 1641900"Works of necessity" permitted on Sunday need not include barber shops. Sunday Law and Other Religious Feasts


 
Philadelphia, Wilmington, and Baltimore R.R. Co. v. Philadelphia and Havre de Grace Steam Towboat Co., 64 U.S. (23 How.) 2091859Railroad 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


 
Pierce v. Society of Sisters of the Holy Names of Jesus & Mary, 268 U.S. 5101925Invalidating state law requiring attendance at public schools. Parental Rights

Religious Schools and Colleges

Ponce v. Roman Catholic Apostolic Church, 210 U.S. 2961908Land 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


 
Poulos v. New Hampshire, 345 U.S. 3951953Ordinance leaving to officials no discretion in granting permits for religious meetings in public park is constitutional. Jehovah's Witnesses

Meeting Permits


 
Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church, 393 U.S. 4401969First Amendment prohibits civil court from awarding church property on basis of interpretation of church doctrine. Church Autonomy

Intra-Church Disputes


 
Prince v. Massachusetts, 321 U.S. 1581944Statute 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


 
Quick Bear v. Leupp, 210 U.S. 501908Upheld disbursement of Indian tribal funds, held in trust by the federal government, to a Catholic mission operating religious schools. Charitable Bequest

Religious Purpose Trust


 
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


 
Rector of Holy Trinity Church v. United States,143 U.S. 4571892Refusing to apply to churches a federal statute forbidding employment contracts with aliens to work in United States. Ministerial Exception

Naturalization and Foreign Workers


 
Reynolds v. United States, 98 U.S. 1451878Upheld federal law prohibiting polygamy. Free Exercise Exemptions-Miscellaneous

Polygamy


 
Richardson v. Goodard, 64 U.S. (23 How.) 281859Cargo 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


 
Roemer v. Board of Pub. Works, 426 U.S. 736 (plurality)1976Upheld state non-categorical grant program for religious colleges. Government Benefit to Religious Entities

Religious Schools and Colleges


 
Rosenberger v. Rector & Visitors, 515 U.S. 8191995University'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


 
Rusk v. Espinosa, 456 U.S. 951 (summarily aff'd)1982Striking down ordinance that required officials to distinguish between "spiritual" and temporal religious purposes. Charitable Solicitation

Church Autonomy

Discrimination Against Religion


 
Saia v. New York, 334 U.S. 5581948In absence of any standards, ordinance prohibiting use of sound amplification invalid as infringing free speech. Jehovah's Witnesses

Religious Speech


 
Sante Fe Ind. Sch. Dist. v. Doe, 530 U.S. 2902000*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


 
Santos v. Holy Roman Catholic and Apostolic Church, 212 U.S. 4631909Catholic 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


 
Sch. Dist. of Abington Township v. Schempp, 374 U.S. 2031963Disallowed practice of daily classroom prayer and devotional Bible recitation. Prayer/Religion in Public Schools

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


 
Schneider v. State of New Jersey, Town of Irvington, 308 U.S. 1471939Ordinance making it unlawful to distribute handbills on sidewalks, streets or any other public place is unconstitutional. Jehovah's Witnesses

Religious Literature Distribution


 
School Dist. v. Pennsylvania Dept. of Educ., 443 U.S. 90 (appeals dismissed for want of a substantial federal question)1979Upheld 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


 
Schwartz v. Duss, 187 U.S. 81902Harmony Society was not shown to have been dissolved, therefore its property was not subject to distribution. Church Property


 
Serbian Eastern Orthodox Diocese for the United States of America and Canada v. Milivojevich, 426 U.S. 6961976Civil courts may not probe into church polity or the removal of clerics. Church Autonomy

Intra-Church Disputes


 
Shaare Tefila Congregation v. Cobb, 481 U.S. 6151987Jewish person may rely on race-based discrimination clause of civil rights statute for claim against desecrators of synagogue. Private Religious Discrimination


 
Sharpe v. Bonham, 224 U.S. 2411912In 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


 
Shepard v. Barkley, 247 U.S. 1 (aff'd mem.)1918Presbyterian Church merger controlled by decision in Watson v. Jones, 80 U.S. (13 Wall.) 679 (1871). Church Autonomy

Church Property


 
Sherbert v. Verner, 374 U.S. 3981963Refusal to take a job due to religious beliefs does not disqualify claimant for unemployment compensation. Unemployment Compensation

Sicurella v. United States, 348 U.S. 3851955Willingness 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. 3971955Jehovah's Witness was denied fair hearing because of failure to supply him with materials in his record. Jehovah's Witnesses

Military Service


 
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


 
Sloan v. Lemon, 413 U.S. 8251973Disallowed reimbursement to parents for portion of religious school tuition. Government Benefit to Religious Entities

Religious Schools and Colleges


 
Smith v. Swormstedt, 57 U.S. (16 How.) 2881853When a church voluntarily divides, a suit in equity may lie to effect a division of jointly held property. Church Property


 
Snow v. United States, 118 U.S. 3461886Appeal from multiple convictions for cohabitation for different years with same woman was dismissed for want of jurisdiction. Polygamy


 
Soc’y for Propagation of the Gospel v. Town of New Haven, 21 U.S. (8 Wheat.) 4641823English corporation, controlled by British subjects, did not lose its real estate in Vermont; title was secured by treaty of peace. Church Property


 
Soon Hing v. Crowley, 113 U.S. 7031885Upheld law as one protecting persons from undue physical labor, not to promote religion. Sunday Law and Other Religious Feasts


 
Speer v. Colbert, 200 U.S. 1301906Georgetown 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


 
Speidel v. Henrici, 120 U.S. 3771887Due to laches, defecting member of Harmony Society cannot recover share of property from the Society. Church Property


 
St. Martin Evangelical Lutheran Church v. South Dakota, 451 U.S. 7721981The 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


 
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


 
Stone v. Graham, 449 U.S. 39 (per curiam)1980Disallowed state law requiring posting of Ten Commandments in public school classrooms. Prayer/Religion in Public Schools

Stone v. United States, 167 U.S. 1781897A general verdict in a federal civil case is not void because it was returned on Sunday. Sunday Law and Other Religious Feasts


 
Taylor v. Mississippi, 319 U.S. 5831943Overturning convictions of Jehovah's Witnesses arrested for advocating a refusal to salute flag. Flag Salute

Jehovah's Witnesses

Religious Speech


 
Terrett v. Taylor, 13 U.S. (9 Cranch) 431815Virginia may not expropriate property of the formerly established Episcopal Church or abolish its incorporation. Church Property


 
Texas Monthly, Inc. v. Bullock, 489 U.S. 1 (plurality)1989Disallowed state sales tax exemption for certain religious publications. Tax Exemptions


 
The Selective Serv. Draft Law Cases [Arver v. United States], 245 U.S. 3661918Exemption of clergy, theology students, and pacifist sects from combat service is constitutional. Free Exercise Exemptions-Miscellaneous


 
Thomas v. Review Bd., 450 U.S. 7071981Denial of unemployment benefits because religious beliefs forbade production of armaments violated First Amendment. Jehovah's Witnesses

Military Service

Unemployment Compensation

Tilton v. Richardson, 403 U.S. 672 )(plurality in part)1971Upheld construction grants for secular buildings at religious colleges and universities. Government Benefit to Religious Entities

Religious Schools and Colleges


 
Tony & Susan Alamo Foundation v. Secretary of Labor, 471 U.S. 2901985Application of the FLSA to religious foundation and its employees did not violate the Free Exercise or Establishment Clauses. Fair Labor Standards Act


 
Torcaso v. Watkins, 367 U.S. 4881961Declaration of belief in existence of God as requirement for public office unconstitutional. Oaths

Religious Tests for Public Office

Town of Pawlet v. Clark, 13 U.S. (9 Cranch) 2921815Royal 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


 
Trammel v. United States,445 U.S. 401980Dicta recognizing clergy testimonial privilege as a matter of common law. Church Communications

   
Trans World Airlines, Inc. v. Hardison, 432 U.S. 631977Absent 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


 
Treen v. Karen B., 455 U.S. 913 (summarily aff'd)1982Statute authorizing student volunteers to lead classroom prayer in public schools violates Establishment Clause. Prayer/Religion in Public Schools


 
Troxel v. Granville 530 U.S. 572000*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


 
Trs. of Dartmouth Coll. v. Woodward, 17 U.S. (Wheat.) 5181819Colonial 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.) 11819A 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


 
Tucker v. Texas, 326 U.S. 5171946Statute making it an offense to distribute literature in government-owned town invalid. Jehovah's Witnesses

Religious Literature Distribution


 
Two Guys from Harrison-Allentown, Inc. v. McGinley, 366 U.S. 5821961Followed McGowan v. Maryland, 366 U.S. 420 (1961). Sunday Law and Other Religious Feasts


 
United Jewish Organizations of Willamsburgh, Inc. v. Carey, 430 U.S. 1441977Reapportionment 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


 
United States Catholic Conference v. Abortion Rights Mobilization, Inc., 487 U.S. 721988The 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


 
United States v. American Friends Serv. Comm., 419 U.S. 7 (per curiam)1974Conscientious objection to payment of war taxes does not override provision in anti-injunction act barring withholding taxes. Pacifism/Selective Service

Tax-Others


 
United States v. Ballard, 322 U.S. 781944Truth of religious beliefs may not be subjected to scrutiny by a jury, but sincerity may. Church Autonomy

Church Communications

Religious Fraud


 
United States v. Bland, 283 U.S. 6361931Refusal to bear arms in defense of the United States is a valid reason to bar naturalization. Naturalization and Foreign Workers


 
United States v. Christian Echoes Nat'l Ministry, Inc., 404 U.S. 561 (per curiam)1972IRS 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


 
United States v. Dion, 476 U.S. 7341986Native 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


 
United States v. Lee, 455 U.S. 2521982Denied religious exemption from Social Security taxes for Amish employer. Social Security


 
United States v. Macintosh, 283 U.S. 6051931Alien unwilling to take oath of allegiance, except with qualifications, is not entitled to citizenship. Naturalization and Foreign Workers

Oaths


 
United States v. Nugent, 346 U.S. 11953Conscientious objector has not shown induction statute to be unconstitutional. Military Service


 
United States v. Schwimmer, 279 U.S. 6441929A religious pacifist may be denied U.S. citizenship. Naturalization and Foreign Workers


 
United States v. Seeger, 380 U.S. 1631965Conscientious 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


 
United States v. Sisson, 399 U.S. 267 (plurality)1970Non-religious objections to draft, religious exemptions, and legality of Vietnam War claims were dismissed because case had been improperly appealed. Military Service


 
Valley Forge Christian College v. Americans United, 454 U.S. 4641982Plaintiffs lacked standing as taxpayers to complain of federal government's transfer of property to religious organization. Standing


 
Van Orden v. Perry, 125 S.Ct. 28542005Ten 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


 
Vidal v. Mayor of Philadelphia, 43 U.S. (2 How.) 1271844Testamentary bequest to endow school for orphans is valid notwithstanding provisions derogatory of Christianity. Charitable Bequest


 
Wallace v. Jaffree, 472 U.S. 381985Disallowed state law requiring moment of silence for prayer or meditation in public schools. Prayer/Religion in Public Schools

Walz v. Tax Comm'n, 397 U.S. 6641970Upheld property tax exemption for churches. Statutory Exemptions for Religious Persons/Entities

Tax Exemptions

Watchtower Bible and Tract Society of New York, Inc. v. Village of Stratton, 536 U.S. 1502002*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


 
Watson v. Jones, 80 U.S. (13 Wall.) 6791871Courts may not interfere in matters of church doctrine, discipline, or polity. Church Autonomy

Intra-Church Disputes

Welsh v. United States, 398 U.S. 333 (plurality)1970Beliefs held with strength of traditional religious convictions are entitled to conscientious objector status. Military Service


 
West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 6241943School 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


 
Westside Bd. of Educ. v. Mergens, 496 U.S. 226 (plurality in part)1990Upheld Equal Access Act. Equal Access in Schools

Prayer/Religion in Public Schools

Wheeler v. Barrera, 417 U.S. 402, opinion modified, 422 U.S. 1004 (1975)1974Religious 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


 
Widmar v. Vincent, 454 U.S. 2631981Disallowed restrictions on religious groups meeting in state university buildings. Equal Access in Schools

Wisconsin v. Yoder, 406 U.S. 2051972State law requiring all children to attend school until the age of 16, regardless of religious belief, disallowed. Compulsory Education

Parental Rights

Witmer v. United States, 348 U.S. 3751955Draft board's rejection of Jehovah's Witness' claim of conscientious objector status upheld as lacking sincerity. Jehovah's Witnesses

Military Service


 
Witters v. Washington Dep't of Servs. for the Blind, 474 U.S. 4811986Under 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


 
Wolman v. Walter, 433 U.S. 229 (plurality in part)1977Upheld 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. 7051977State cannot require display of state motto on vehicle license plates that violates owner's religious convictions. Forced Speech

Jehovah's Witnesses


 
Worcester v. Georgia, 31 U.S. (6 Pet.) 5151832An 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


 
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


 
Young v. Godbe, 82 U.S. (15 Wall.) 5621873Investor 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


 
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


 
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


 
Zobrest v. Catalina Foothills Sch. Dist., 509 U.S. 11993*Government provided interpreter does not violate Establishment Clause. Government Benefit to Religious Entities

Religious Schools and Colleges

Vouchers


 
Zorach v. Clauson, 343 U.S. 3061952Upheld program allowing students to attend religion classes off public school grounds. Prayer/Religion in Public Schools

Released Time


Except for those entries preceded by an asterisk, Professor Carl H. Esbeck, Isabelle Wade and Paul C. Lyda Professor of Law, University of Missouri-Columbia prepared and copyrighted the text under the column entitled "Decision of the Court." L. Martin Nussbaum, co-chair of the Rothgerber Johnson & Lyons Religious Institutions Group prepared the text under the column entitled "Decision of the Court" which is preceded by an asterisk. The Rothgerber Johnson & Lyons LLP Religious Institutions Group gratefully acknowledges Professor Esbeck's permission to reprint the text which he prepared.

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