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Koger v. Bryan
When considering a similar provision of the Religious Freedom Restoration Act ("RFRA") which prohibits the government from "substantially burden[ing] a person's exercise of religion," 42 U.S.C. § 2000bb-1(a), we held that "a substantial burden on the free exercise of religion ... is one that forces adherents of a religion to refrain from religiously motivated conduct, inhibits or constrains conduct or expression that manifests a central tenet of a person's religious beliefs, or compels conduct or expression that is contrary to those beliefs." Mack v. O'Leary, 80 F.3d 1175, 1179 (7th Cir.1996)…
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Selbie McNair v. B. Bledsoe, Assistant Warden M. Ciolli, Assistant Warden J.J. Clark, Warden
Under our holding in Mack v. O'Leary, 80 F.3d 1175, 1179 (7th Cir.1996), cert. granted and judgment vacated by O'Leary v. Mack, --- U.S. ----, 118 S.Ct. 36 , 139 L.Ed.2d 5 (1997) (remanding in light of City of Boerne' § holding that the RFRA is unconstitutional as applied to the states), 7 a substantial burden on the free exercise of religion, within the meaning of the [RFRA], is one that forces adherents of a religion to refrain from religiously motivated conduct or expression that manifests a central tenet of a person's religious beliefs, or compels conduct or expression that is contrary to…
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Cited "see"
Richard Warner v. City of Boca Raton
See Mack v. O'Leary, 80 F.3d 1175, 1178 (7th Cir. 1996), judgment vacated 118 S. Ct. 36 (1997), (collecting cases).
cited
Cited "see"
Warner v. City of Boca Raton
See Mack v. O’Leary, 80 F.3d 1175, 1178 (7th Cir.1996), judgment vacated 522 U.S. 801 , 118 S.Ct. 36 , 139 L.Ed.2d 5 (1997), (collecting cases).
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Cited "see, e.g."
In re Senate Joint Resolution of Legislative Apportionment 1176
See, e.g., Diaz v. Silver, 978 F.Supp. 96, 104 (E.D.N.Y.1997) (concluding that because of the lack of compactness and the fact that incumbents were protected in 87% of the new districts, “[d]espite its conspicuous absence from any direct discussion, incumbency appears to have been the unacknowledged third-most-significant factor used when redistricting”), aff' d, 522 U.S. 801 , 118 S.Ct. 36 , 139 L.Ed.2d 5 (1997), and aff'd sub nom.
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Cited "see, e.g."
Wayne Ford v. John McGinnis Superintendent, Patrick McGann Deputy Superintendent of Administration, Gordon Lord, Assistant Deputy Superintendent
See id. at 716 , 101 S.Ct. 1425 (“[I]t is not within the judicial function and judicial competence to inquire whether the petitioner or [another adherent] more correctly perceived the commands of their common faith,” because “[c]ourts are not arbiters of scriptural interpretation.”); see also Mack v. O’Leary, 80 F.3d 1175, 1179-80 (7th Cir.1996), vacated by 522 U.S. 801 , 118 S.Ct. 36 , 139 L.Ed.2d 5 (1997) (remanding in light of City of Boerne).
Retrieving the full opinion text from the archive…
O'Leary
v.
Mack
v.
Mack
No. 96-1598.
Supreme Court of the United States.
Oct 6, 1997.
Cited by 15 opinions | Published
C. A. 7th Cir. Motion of respondent John Mack for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of City of Boerne v. Flores, 521 U. S. 507 (1997).