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46 Cards in this Set

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Reynolds v. U.S.
1879 - polygamy is not protected under the free exercise clause - govt can't regulate beliefs but can regulate actions
18__
Pierce v. Society of Sisters
1925 - the law requiring kids between 8 and 16 to attend public schools is unconstitutional b/c it violates the parents' right to choose the education for their children
192_
Edwards v. Aguillard
1987 - the LA law prohibiting the teaching of evolution unless creationism is also taught violates the Establishment clause. Lemon test was used to determine the outcome.
198_
Wallace v. Jaffree
1984 - An AL law allowed teachers to conduct regular religious prayer services in classrooms. It violated the Establishment clause b/c it endorsed relgiion. The secular purpose test was applied in this case.
198_
Abington v. Schempp
1963 - Required the reading of 10 bible verses each school days and recitation of the Lord's prayer. The activities violated both the free exercise and the establishment clause. The written excuse note from parents was irrelevant.
196_
Aguilar v. Felton
1984 - part of the Title I funds were being used to assist low income kids by paying the salaries of employees teaching in parochial schools. It violated the Establishment clause.
198_
Lemon v. Kurtzman
1971 - Involved laws in PA and RI providing salaries, textbooks, and materials to non-public schools in PA and supplemental salaries to non-public schools. CJ Burger wrote that it violated the establishment clause and used a three part test
Lynch v. Donnelly
1983 - The city of Pawtucket, RI annually puts up a Xmas display, including a creche. The Court ruled that it did not violate the establishment clause b/c it had a "legitimate secular purpose" and held no danger of establishing a church
198_
Walz v. Tax Commission
1969 - Walz challenged the tax exemption of churches in NY. The Court ruled that it didn't violate the establishment clause b/c no one particular church had been singled out to receive the exemption.
196_
Church of Lukumi Babalu v. Hialeah
1992 - The Church of Lukumi practiced animal sacrifice. Hialeah city then passed several ordinances addressing religious sacrifice. The Court held that the ordinances violated the free exercise clause b/c it wasn't neutral or generally applicable and therefore didnt pass strict scrutiny
199_
City of Boerne v. Flores
1997 - The Court struck down the RFRA b/c Congress cannot dictate how states enforce the restrictions. No evidence that Boerne's ordinance favored one religion over another or that it supported or was hostile to religion
199_
Holy Trinity Church
1892 - Contracts with aliens were forbidden, but in NY the church hired a rector from England. The Court held that the govt could not prohibit this.
189_
Minersville v. Gobitis
1940 - The Gobitis kids were expelled for refusing to salute the flag. The Court ruled that the statute didn't violate the free exercise clause. The state's interest in "national cohesion" was inferior to none
194_
Sherbert v. Verner
1963 - A 7th day adventist was fired for refusing to work on saturdays. The Court held that the denial of unemployment compensation violated the free exercise clause and that it imposed a significant burden and there was no compelling state interest
196_
Epperson v. Arkansas
AR passed a law prohibiting the teaching of evolution. The Court held that the law violated the Establishment Clause b/c it excluded the teaching of evolution based on one particular sect's beliefs
196_
Stone v. Graham
1980 - Parents challenged a Kentucky state law that required the posting of the 10 Commandments in classrooms. The Court held that it violated the 1st prong of the Lemon test and thus the Establishment clause too. The law had no "secular purpose."
198_
Mitchell v. Helms
1999 - Ch. 2 of the Education Consolidation and Improvement Act allowed the allocation of funds for materials for "secular, neutral and nonideological" programs. 30% of the funds were going to religious schools. The Court ruled that the law didn't violate the establishment clause just b/c most of the private schools receiving funds were religious schools.
199_
Grand Rapids v. Ball
1985 - Allowed for the renting of private classrooms with public funds that public teachers would teach at. The Court ruled that it violated the establishment clause because it advanced religion.
198_
Everson v. Board of Education
1946 - a NJ law allowed the reimbursement of $ to parents who sent thier kids to school on the public transportation system, including those attending catholic schools. The Court ruled that the law didn't violate the establishment clause. Justice Black argued that services like bussing were just like fire and police. The $ didn't go to the parachial schools or support them directly.
194_
Allegheny v. ACLU
1989 - Involved the display of a nativity scene and a menorah in or near a city building. The Court ruled that the creche inside the courthouse violated the establishment clause but that the menorah outside the city bldg was alright due to its "particular physical setting"
198_
McGowan v. Maryland
1960 - A MD law prohibited the selling of certain items on Sundays. The Court ruled that MD's blue laws didn't violate the free exercise clause b/c the employees only claimed economic injury. It didnt violate the establishment clause b/c it had a secular purpose
196_
Lyng v. Northwest Indians
1987 - The US Forest service wanted to create a road through Chimney Rock that would damage grounds used by Native Americans for religious purposes. The Court held that the road didnt violate the free exercise clause b/c the act didn't attempt to coerce them to act in violation of their beliefs even though it would have adverse effects
198_
Employment Division v. Smith
1989 - Two Native Americans who worked at a drug rehab center were fired after using peyote for religious ceremonies and filed for unemployment comp. but were denied. Scalia ruled that it didn't violate the free exercise clause b/c the court has never held that an individual's religious beliefs can exclude him from an otherwise valid law such as payment of taxes, etc.
198_
Goldman v. Weinberger
1986 - Goldman was prohibited from wearing his yarmulke while on duty. The Court held that the USAF reg. didn't violate the free exercise clause b/c allowing the religious apparel would detract from the uniformity sought by dress regs.
198_
Meyer v. Nebraska
1923 - NE prohibited the teaching of modern foreign languages to school children. Court found that NE had violated the due process clause of the 14th Amendment.
192_
Cantwell v. Connecticut
1940 - Jehovah's witnesses played a portable phonograph for willing people. In a unanimous decision the Court ruled that the statue violated the free exercise clause. Their message didn't pose any bodily harm. General regulation of solicitors is valid but not based on relgious grounds.
194_
Barnette v. WV Board of Education
1943 - Compulsory flag salute case. The Court reversed its previous ruling in Gobitis and ruled that compulsory unification of opinion was doomed to fail and antithetical to the 1st Amendment. Justice Jackson quoted in this opinion.
194_
Bob Jones v. U.S.
1982 - Bob Jones Univ. expelled students for engaging in interracial dating and marriage due to religious beliefs. The IRS changed its policy and revoked the tax-exempt status of the univ. b/c it engaged in racial discrimination. The Court ruled that the free exercise clause was not violated by the IRS and that "not all burdens on religion are unconstitutional."
198_
Lee v. Weisman
1991 - A rabbi was invited to speak at a public school graduation and prayers were recited. The Court held that the inclusion of clergy who offer preayers at public school ceremonies violated the establishment clause. The rule created subtle and indirect coercion.
199_
Engel v. Vitale
1962 - Board of Regents of NY authorized a short, volunatry prayer each day. The Court ruled that even the reading of a nondenominational prayer violated the establishment clause. By providing the prayer NY supports religion. This was the 1st in a series of cases in which the Court used the establishment clause to invalidate religious activites of all sorts that had traditionally been part of public ceremonies.
196_
Agostini v. Felton
1997 - Prohibited public school teachers to teach in parachial schools. The Court reversed its decision in Aguilar v. Felton and ruled that public school teachers teaching in private schools didn't violate the establishment clause. No excessive entanglement.
199_
Mueller v. Allen
1983 - Minnesota law allowed taxpayers to deduct expenses incurred in providing tuition, textbooks, and transportation. The law said parents of parochial kids qualified too. The Court ruled that the law didn't violate the establishment clause. There was no excessive entanglement. It passed the lemon test
198_
Zorach v. Clauson
1952 - Following McCollum v. BOE, NY allowed students in public schools to be dismissed for certain periods of time to attend relgious instruction elsewhere. The Court held that the "release time" program didn't violate the establishment clause since public facilities weren't being used and no student was forced to go.
195_
Marsh v. Chambers
1983 - The NE legislature opened each session with a prayer, paying the chaplain with public money. The Court ruled that it didn't violate the establishment clause, and Burger, instead of using the Lemon test, based the opinion on historical custom.
198_
Braunfeld v. Brown
1960 - A PA Jew argued that the PA blue collar laws, prohibiting the sales of certain items on sundays, violated his freedom or exercise b/c he could not stay open 6 days a week. The Court ruled that PA's laws didn't violate the free execise clause b/c it has a secular basis. Freedom to act isn't absolute
196_
Wisconsin v. Yoder
1971 - Members of the Amish commmunity didn't believe in sending kids to school after the 8th grade. The Court held that the statute violated the free exercise clause.
197_
Murdock v. Pennsylvania
1943 - Jehovah's witness case. He was considered a solicitor and needed a permit which he didn't have. The Court ruled that the ordinance violated the free exercise clause
194_
United States v. Seeger
1965 - Act exempted people from military service if their religious belief makes them opposed. The Court allowed those people with general theistic belief systems can be declared conscientious objectors.
196_
Gillette v. U.S.
1971 - The case involved whether a person who objected to some wars based on religious beliefs could be exempt. The Court ruled that Congress had acted constitutionally in limiting conscientious objector standing to only those who objected to all wars
197_
U.S. v. Ballard
1944 - Claimed that he had the power to heal people and solicited contributers through the mail. The govt declared that he was committing fraud. The Court ruled that it was proper for the jury to base its decision on the sincerity of Ballard's beliefs. This meant that juries couldn't decide the truth of one's religious beliefs.
194_
Schwimmer v. U.S.
1929 - Unable to take the oath to become a naturalzied citizen b/c she refused to bear arms. The Court ruled that her citizenship should be denied and put empahasis on the interest of the state to foster feelings on nationalism
192_
Bowen v. Roy
1986 - Native Americans refused to provide their kids ssn b/c it violated their religious beliefs. The Court ruled that the govt was correct in requiring the ssn as long as it is done neutrally and has a legitimate interest.
198_
Cochran v. Board of Education
1930 - LA law provided free secular textbooks to all kids. Challenged for violating the due process clause of the 14th Amendment. The Court upheld the purchasing of the books. The individual students benefited, not the schools.
193_
Welsh v. U.S.
1970 - Convicted of refusing induction into the miliatry, he claimed he wanted conscientious objector status even though not based on religion. The Court upheld his request broadening the types of beliefs that can exempt one from military service.
197_
McCollum v. Board of Education
1948 - The Champaign Board of Education offered optional religious classes during the day for public school kids and those not participating were forced to go elsewhere. The Court struck down the program as violating the establishment clause by stating that the program assisted religion and breached the wall of separation
194_
Macintosh v. U.S.
1931 - A Canadian citizen wanted to become a US citizen but refused to take up arms for the U.S. The Court upheld the denial of his citizenship b/c he would only fight on wars that he believed morally correct
193_