Word Processor for
1. Government Intervention in Church Controversies
- United States v. Ballard (1944): Sect called "I am" and property allegations;
Justice Robert Jackson: "I would dismiss the indictment and have done
with this business of judicially examining other peoples faith."
Decided against, but later reversed.
- Kedroff v. Saint Nicholas
Cathedral (1952): Whether St. Nicholas was under authority of Moscow
(Soviet) or American Orthodox Church; Court cannot make determinations
because of separation and free exercise.
Church v. Hull Church (1969)
- Jones v. Wolf (1979)
The Free Exercise of Religion
- Cantwell v. Connecticut
(1940): Selling tracts and arrested under local ordinance as commercial
rather than religious; Court found it was protected by free exercise.
- Jones v. Opelika I (1942):
First decision that children must salute flag and say pledge of allegiance
although against their religious beliefs, then:
- Jones v. Opelika II (1943):
Revisited above and found that children must not be forced to violate
their religious scruples by standing, saluting flag, and saying pledge.
- Murdock v. Pennsylvania
- Minersville School District
v. Gobitis (1940)
- West Virginia State Board
of Education v. Barnette (1943)
- Cox v. New Hampshire (1941)
- Prince v. Massachusetts
- United States v. Schwimmer
(1929): Woman applying for citizenship by naturalization would not swear
to defend the country by arms and refused citizenship; appealed, Court
agreed no naturalization.
- United States v. Macintosh
(1931): A professor applying for naturalization would not swear to defend
the nation by arms and was refused; Court agreed.
- Hamilton v. Regents of
the Univerisity of California (1934): Univ. required all students to
take a course in military science and tactics, and some students refused
because of conscience; Court agreed with Univ.
- Girouard v. United States
- United States v. Seeger
- Welsh v. United States
- Gillette v. United States
- Sherbert v. Verner (1963):
Work on persons sabbath "imposes an unconstitutional burden on
the free exercise of her religion."
- Trans World Airlines v.
Hardison (1977):Work on persons sabbath, but involved TWA, the
employer, and the union in which each made adjustments based on seniority
and other factors determined ahead of time; still could not satisfy.
- Ohio Civil Rights Commission
v. Dayton Christian Schools (1986)
- Corporation of the Presiding
Bishops of the Church of Jesus Christ of Latter-Day Saints v. Amos (1987)
- Employment Division, Department
of Human Resources of Oregon v. Smith (1990)
Free Exercise and Public Education
- Wisconsin v. Yoder (1972):
Amish who felt no high school because against their beliefs and social
- Widmar v. Vincent (1981)
- Board of Education of the
Westside Community Schools v. Mergens(1990)
- Lamb's Chapel v. Center
Moriches Union Free School District (1993)
- Rosenberger v. Rector and
Visitors of the University of Virginia (1995)
Free Exercise and Taxation
- United States v. Lee (1982)
- Bob Jones University v.
United States (1983): Tax exempt status challenged by IRS under IRC
because Bob Jones discriminated against specified minorities; upheld.
Solicitation by Religious
- Heffron v. International
Society for Krishna Consciousness (1981)
Free Exercise and Eminent
- Lying v. Northwest Indian
Outlawing of Religious Sacrifice
- Church of the Lukumi Babalu
Aye v. City of Hialeah (1993)
3. The Establishment of
Standing to Sue
- Flast v. Cohen (1968)
- Valley Forge Christian
College v. Americans United for Separation of Church and State (1982)
- Bender v. Williamsport
Tax Exemption to Religious
- Walz v. Tax Commission
of the City of New York (1970)
- Texas Monthly Inc. v. Bullock
- McGowan v. Maryland (1961)
- Braunfeld v. Brown (1961)
- Thorton v. Caldor (1985)
Religious Institution Functioning
as a Government Agency
- Larkin v. Grendel's Den
- Bowen v. Kendrick (1988)
- Board of Education of Kiryas
Joel Village School v. Grumet (1994)
Unequal Government Treatment
of Religious Groups
- Marsh v. Chambers (1983):
Challenged the State paying clergy to pray before Legislative sessions;
upheld because of long practice, going back to first Congress.
- Lynch v. Donnelly (1984)
- County of Allegheny v.
ACLU Greater Pittsburgh Chapter (1989)
Government Aid to Public Education
- McCollum v. Board of Education
(1948): Released time, which was popular during that time. Court found
that teaching religion inside the schools by clergy (garb) was not allowed
by the first amendment.
- Zorach v. Clauson (1952)
- Engel v. Vitale (1962):
Prayer written and accepted by school board; other cases student prayers
and Bible readings, including Murray and Santa Fe.
- Abington Township School
District v. Schempp (1963)
- Epperson v. Arkansas (1968)
- Stone v. Graham (1980)
- Wallace v. Jaffree (1985)
- Agostini v. Felton (1997)
Governmental Aid to Church-Related
- Pierce v. Society of Sisters
- Cochran v. Louisiana State
Board of Education (1930)
- Everson v. Board of Education
(1947): Taxpayer furnishing bus transportation to parochial school students,
and specifically not addressing private schools for profit. Accepted.
Caused much controversy in secular and religious. Washington Post: "
fundamental error lies in the Courts assumption that the intrinsic
merit of a private activity, such as financing transportation to church
schools, may transform it into a public welfare function."
- Board of Education v. Allen
- Witters v. Washington Department
of Services for the Blind (1970)
- Lemon v. Kurtzman (1971):
Contract/arrangement in two states pay part of the costs in non-public
schools for teaching of secular subjects, using same materials as public
schools. Court found that schools were integral part of Catholic Churchs
mission. Found "excessive entanglement" between government and religion.
Impractical to verify the laws. "Political division along religious
lines was one of the evils at which the First Amendment aimed, and in
these programs, where successive and probably permanent annual appropriations
that benefit relatively few religious groups are involved, political
fragmentation and divisiveness on religious lines are likely to be intensified.
These innovative programs have self-perpetuating and self-expanding
propensities which provide a warning signal against entanglement between
government and religion."
- Tilton v. Richardson (1971)
- Committee for Public Education
and Religious Liberty v. Nyquist (1973)
- Meek v. Pittenger (1975)
- Roemer v. Board of Public
Works of Maryland (1976)
- Wolman v. Walter (1977)
- Committee for Public Education
and Religious Liberty v. Regan (1980)
- Mueller v. Allen (1983)
- Aguilar v. Felton (1985)
- Grand Rapids School District
v. Ball (1985)
- Zobrest v. Catalina Foothills
School District (1993): Later, Mitchell v. Helms (2000). In a 63
ruling that taxpayer money can be used to buy computers and other instuctional
materials for religious schools.
Prayer in Public Schools
- Lee v. Weisman (1992): Clergy invited to pray
at graduation ceremonies.
Teaching of Creationism in Public Schools
- Edwards v. Aguillard (1987):
Louisiana Law requiring teaching both; turned down because in the law
and testimony in passing law made clear it was to further so-called
creationism, and this is contrary to education without religion.