Free Exercise of Religion - Supreme Court Cases
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/freeexercise.htm

WEB RESOURCE This University of Missouri-Kansas City constitutional law site managed by Doug Linder, argues that the Supreme Court has come full circle in rulings on religious liberty. He summarizes these free exercise cases: Reynolds v. United States (1878); United States v Ballard (1944); Sherbert v. Verner (1963); Yoder v. Wisconsin (1972); Frank v. Alaska (1979) ; Goldman v. Weinberger (1986) ; Lyng v. Northwest Cemetery Prot. Ass'n (1988); Employment Div. of Oregon v, Smith (1990); Church of Lukumi Babalu Aye v. Hialeah (1993); City of Boerne v. Flores (1997); and Locke v Davey (2004).

Abington School District v. Schempp
http://www.oyez.org/cases/1960-1969/1962/1962_142

COURT CASE This site examines the following Establishment Clause question: Did the Pennsylvania law and Abington's policy, requiring public school students to participate in classroom religious exercises, violate the religious freedom of students as protected by the First and Fourteenth Amendments?

Sherbert v. Verner
http://www.oyez.org/cases/1960-1969/1962/1962_526

COURT CASE This site examines the following Free Exercise Clause question: Did the denial of unemployment compensation violate the First and Fourteenth Amendments?

Engel v. Vitale
http://www.oyez.org/cases/1960-1969/1961/1961_468

COURT CASE This site addresses the following Establishment Cause question: Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the First Amendment?

Lee v. Weisman
http://www.oyez.org/cases/1990-1999/1991/1991_90_1014

COURT CASE This site addresses the following Establishment Clause case:Does the inclusion of clergy who offer prayers at official public school ceremonies violate the Establishment Clause of the First Amendment?

Cutter v. Wilkinson (2004)
http://www.oyez.org/cases/2000-2009/2004/2004_03_9877

COURT CASE Inthis First Amendment establishment clause case, the Supreme Court addresses the following question: Did a federal law prohibiting government from burdening prisoners' religious exercise violate the First Amendment's establishment clause?

Santa Fe Independent School district v Doe
http://www.oyez.org/cases/1990-1999/1999/1999_99_62

COURT CASES This case addresses the following Establishment Claus question: Does the Santa Fe Independent School District's policy permitting student-led, student-initiated prayer at football games violate the Establishment Clause of the First Amendment?

Texas Monthly, Inc. v. Bullock
http://www.oyez.org/cases/1980-1989/1988/1988_87_1245

COURT CASE This case addresses the following Establishment Clause question: Does a state violate the Establishment Clause and the Free Press Clause by exempting religious publications from paying taxes that all nonreligious publications must pay?

Good News Club v. Milford Central School District
http://www.oyez.org/cases/2000-2009/2000/2000_99_2036

COURT CASE This court case addresses the Establishment Clause question: Did Milford Central School violate the First Amendment free speech rights of the Good News Club when it excluded the Club from meeting after hours at the school? If a violation occurred, was it justified by Milford's concern that permitting the Club's activities would violate the Establishment Clause?

McCreary County v. ACLU
http://www.oyez.org/cases/2000-2009/2004/2004_03_1693

COURT CASE This site examine the following Establishment Clause question: Do Ten Commandments displays in public schools and in courthouses violate the First Amendment's establishment clause, which prohibits government from passing laws "respecting an establishment of religion?" 2. Was a determination that the displays' purpose had been to advance religion sufficient for the displays' invalidation?

Reynolds v. United States
http://www.oyez.org/cases/1851-1900/1878/1878_0

WEB RESOURCE This Supreme Court case examines the following Free Exercise Clause question:Does the federal anti-bigamy statute violate the First Amendment's free exercise clause because plural marriage is part of religious practice?

Wisconsin v Yoder
http://www.oyez.org/cases/1970-1979/1971/1971_70_110

WEB RESOURCE This Supreme Court case addressed the free exercise question Did Wisconsin's requirement that all parents send their children to school at least until age 16 violate the First Amendment by criminalizing the conduct of parents who refused to send their children to school for religious reasons?

Allegheny v ACLU
http://www.oyez.org/cases/1980-1989/1988/1988_87_2050

WEB RESOURCE In this precident setting First Amendment establishment clause case the Court identified issues in determining when a holiday display indicated government endorsement of religion.

Van Orden v Perry
http://www.oyez.org/cases/2000-2009/2004/2004_03_1500

COURT CASE This 2004 Supreme Court case addresses the question: Does a Ten Commandments monument on the grounds of a state capitol building violate the First Amendment's establishment clause, which bars the government from passing laws "respecting an establishment of religion?"

School District of Abington Township, Pennsylvania v. Schempp
http://www.law.cornell.edu/supremecourt/text/374/203

WEB RESOURCE This court case from Cornell Law School provides the opinions from the Supreme Court judges. This will aid in interpretations of the meaning of the ruling that because of the prohibition of the First Amendment against the enactment by Congress of any law "respecting an establishment of religion," which is made applicable to the States by the Fourteenth Amendment, no state law or school board may require that passages from the Bible be read or that the Lord's Prayer be recited in the public schools of a State at the beginning of each school day, even if individual students may be excused from attending or participating in such exercises upon written request of their parents.

Hein v Freedom From Religion Foundation (2006)
http://www.oyez.org/cases/2000-2009/2006/2006_06_157

COURT CASE In this First Amendment establishment clause case, the Supreme Court dealt with the issue: Do taxpayers have standing to bring an Establishment Clause challenge against Executive Branch actions funded by general appropriations rather than by any specific congressional grant?

Corporation of Presiding Bishop v. Amos (1986)
http://www.oyez.org/cases/1980-1989/1986/1986_86_179

COURT CASE In this this First Amendment establishment clause case, the Supreme Court deals with the following question: Does Section 702 of the Civil Rights Act of 1964 violate the Establishment Clause by allowing religious employers to choose employees for nonreligious jobs based on their religion?

McCreary County v. ACLU (2004)
http://www.oyez.org/cases/2000-2009/2004/2004_03_1693

COURT CASE In this First Amendment Establishment clause case, the Supreme Court deals with the questions: Do Ten Commandments displays in public schools and in courthouses violate the First Amendment's establishment clause, which prohibits government from passing laws "respecting an establishment of religion?" Was a determination that the displays' purpose had been to advance religion sufficient for the displays' invalidation?

Walz v. Tax Commission of the City of New York (1969)
http://www.oyez.org/cases/1960-1969/1969/1969_135

COURT CASES In this First Amendment establishment case, the Supreme Court addresses the following question: Do the property tax exemptions for churches violate the Establishment Clause of the First Amendment?

Aguilar v. Felton (1984)
http://www.oyez.org/cases/1980-1989/1984/1984_84_237

COURT CASES In this First Amendment establishment case, the Supreme Court address the question "Did New York City's decision to use Title I funds to pay salaries of parochial school teachers violate the Establishment Clause of the First Amendment?"

Marsh v. Chambers (1982)
http://www.oyez.org/cases/1980-1989/1982/1982_82_23

COURT CASE Ernest Chambers, a member of the Nebraska legislature, challenged the legislature's chaplaincy practice in federal court. This practice involves the offering of a prayer at the beginning of each legislative session by a chaplain chosen by the state and paid out of public funds. Does the chaplaincy practice of the Nebraska legislature violate the Establishment Clause of the First Amendment?

McGowen v Maryland (1960)
http://www.oyez.org/cases/1960-1969/1960/1960_8

COURT CASE Several employes of a discount department store sold a few items, such as floor wax and loose-leaf notebooks, to customers on a Sunday. By doing so, they violated Maryland's blue laws which only allow certain items, such as drugs, tobacco, newspapers and some foodstuffs, to be sold on Sundays. Do Maryland's blue laws violate the Free Exercise and Religious Establishment clauses of the First Amendment?

Braunfeld v. Brown (1960)
http://www.oyez.org/cases/1960-1969/1960/1960_67

COURT CASE Abraham Braunfeld owned a retail clothing and home furnishing store in Philadelphia. As an Orthodox Jew, he was prohibited by his faith from working on Saturday, the Sabbath. The Pennsylvania blue law only allowed certain stores to remain open for business on Sundays not Braunfeld's type of store. He challenged the law as a violation of the religious liberty clauses because he needed to be open six days a week. Did the Pennsylvania blue law violate the First Amendment's protection of free exercise of religious beliefs?

Church of the Lukumi Babalu Aye v. Hialeah (1992)
http://www.oyez.org/cases/1990-1999/1992/1992_91_948

COURT CASE The Church of Lukumi Babalu Aye practiced the Afro-Caribbean-based religion of Santeria. Santeria used animal sacrifice as a form of worship. Shortly after the announcement of the establishment of a Santeria church in Hialeah, Florida, the city council adopted several ordinances addressing religious sacrifice. The ordinances prohibited possession of animals for sacrifice or slaughter, with specific exemptions for state-licensed activities. Did the city of Hialeah's ordinance, prohibiting ritual animal sacrifices, violate the First Amendment's Free Exercise Clause?

Employment Division v. Smith (1989)
http://www.oyez.org/cases/1980-1989/1989/1989_88_1213

COURT CASE Two Native Americans who worked as counselors for a private drug rehabilitation organization, ingested peyote -- a powerful hallucinogen -- as part of their religious ceremonies as members of the Native American Church. As a result of this conduct, the rehabilitation organization fired the counselors. The counselors filed a claim for unemployment compensation. The government denied them benefits because the reason for their dismissal was considered work-related "misconduct." Can a state deny unemployment benefits to a worker fired for using illegal drugs for religious purposes?

Zelman v. Simmons-Harris (2001)
http://www.oyez.org/cases/2000-2009/2001/2001_00_1751

COURT CASE Ohio's Pilot Project Scholarship Program provides tuition aid in the form of vouchers for certain students in the Cleveland City School District to attend participating public or private schools of their parent's choosing. Both religious and nonreligious schools in the district may participate. Tuition aid is distributed to parents according to financial need, and where the aid is spent depends solely upon where parents choose to enroll their children. Does Ohio's school voucher program violate the Establishment Clause?

Edwards v. Aguillard (1986)
http://www.oyez.org/cases/1980-1989/1986/1986_85_1513/

COURT CASES A Louisiana law entitled the "Balanced Treatment for Creation-Science and Evolution-Science in Public School Instruction Act" prohibited the teaching of the theory of evolution in the public schools unless that instruction was accompanied by the teaching of creation science, a Biblical belief that advanced forms of life appeared abruptly on Earth. Did the Louisiana law, which mandated the teaching of "creation science" along with the theory of evolution, violate the Establishment Clause of the First Amendment as applied to the states through the Fourteenth Amendment?

Town of Greece v. Galloway (2013)
http://www.oyez.org/cases/2010-2019/2013/2013_12_696

COURT CASE Starting in 1999, the town meetings of Greece New York began with a prayer given by an invited member of the local clergy. The town did not adopt any policy regarding who may lead the prayer or its content, but in practice, Christian clergy members delivered the vast majority of the prayers at the town's invitation. In 2007, Susan Galloway and Linda Stephens complained about the town's prayer practices, after which there was some increase in the denominations represented. Does the invocation of prayer at a legislative session violate the Establishment Clause of the First Amendment even in the absence of discrimination in the selection of prayer-givers and content?

Elk Grove Unified School District v. Newdow (2003)
http://www.oyez.org/cases/2000-2009/2003/2003_02_1624

COURT CASE Michael Newdow's daughter attended public school in the Elk Grove Unified School District in California. Elk Grove teachers began school days by leading students in a voluntary recitation of the Pledge of Allegiance, including the words "under God" added by a 1954 Congressional act. Newdow sued in federal district court in California, arguing that making students listen - even if they choose not to participate - to the words "under God" violates the establishment clause of the U.S. Constitution's First Amendment. Does Michael Newdow have standing to challenge as unconstitutional a public school district policy that requires teachers to lead willing students in reciting the Pledge of Allegiance? Does a public school district policy that requires teachers to lead willing students in reciting the Pledge of Allegiance, which includes the words "under God," violate the Establishment Clause of the First Amendment?