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Cases with Commentaries
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Case Name YearDecision of the CourtTopic Group(s)   
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

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

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

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

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

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

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

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

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

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

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

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

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

Tax Exemptions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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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