free exercise clause (Kansas) · Go Syfert
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free exercise clause in Kansas

5 Kansas opinions name it 2 courts 1980–2020 0 in the last five years

The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Employment Div., Dept. of Human Resources of Ore. v. Smithred
scotus · 1990 · cited in 2 Kansas opinions naming this issue, 2011–2013
2 sentences

2013See 494 U.S. at 878 (“[I]f prohibiting the exercise of religion is not tire object of. . . but merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment has not been offended.”); 494 U.S. at 886 n.3 (no compelling governmental interest required to support law); GeorgiaCarry.Org, Inc. v. Georgia, 687 F.3d 1244 , 1255 n.21 (11th Cir. 2012) (rational basis sufficient to deflect Free Exercise challenge to neutral, generally applicable law); Commack Self-Service Kosher Meats, Inc. v. Hooker, 680 F.3d 194, 210-12 (2d Cir. 2012) (recognizing and applyin

2013See 494 U.S. at 878 (“[I]f prohibiting the exercise of religion is not tire object of. . . but merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment has not been offended.”); 494 U.S. at 886 n.3 (no compelling governmental interest required to support law); GeorgiaCarry.Org, Inc. v. Georgia, 687 F.3d 1244 , 1255 n.21 (11th Cir. 2012) (rational basis sufficient to deflect Free Exercise challenge to neutral, generally applicable law); Commack Self-Service Kosher Meats, Inc. v. Hooker, 680 F.3d 194, 210-12 (2d Cir. 2012) (recognizing and applyin

12
Brown v. City of Pittsburghgreen
ca3 · 2009 · cited in 1 Kansas opinions naming this issue, 2013–2013
1 sentence

2013See 494 U.S. at 878 (“[I]f prohibiting the exercise of religion is not tire object of. . . but merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment has not been offended.”); 494 U.S. at 886 n.3 (no compelling governmental interest required to support law); GeorgiaCarry.Org, Inc. v. Georgia, 687 F.3d 1244 , 1255 n.21 (11th Cir. 2012) (rational basis sufficient to deflect Free Exercise challenge to neutral, generally applicable law); Commack Self-Service Kosher Meats, Inc. v. Hooker, 680 F.3d 194, 210-12 (2d Cir. 2012) (recognizing and applyin

11
Commack Self-Service Kosher Meats, Inc. v. Hookergreen
ca2 · 2012 · cited in 1 Kansas opinions naming this issue, 2013–2013
1 sentence

2013See 494 U.S. at 878 (“[I]f prohibiting the exercise of religion is not tire object of. . . but merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment has not been offended.”); 494 U.S. at 886 n.3 (no compelling governmental interest required to support law); GeorgiaCarry.Org, Inc. v. Georgia, 687 F.3d 1244 , 1255 n.21 (11th Cir. 2012) (rational basis sufficient to deflect Free Exercise challenge to neutral, generally applicable law); Commack Self-Service Kosher Meats, Inc. v. Hooker, 680 F.3d 194, 210-12 (2d Cir. 2012) (recognizing and applyin

11
Grace United Methodist Church v. City Of Cheyennegreen
ca10 · 2006 · cited in 1 Kansas opinions naming this issue, 2011–2011
2 sentences

2011The Tenth Circuit Court of Appeals disagreed, describing the church’s argument as “asking us to adopt a per se rule requiring that any land use regulation which permits any secular exception satisfy a strict scrutiny test to survive a free exercise challenge.” 451 F.3d at 651.

2011In declining to do so, the Tenth Circuit focused on the fact that the record did not show any evidence that the zoning regulations were enacted for the purpose of restricting free exercise of religion. 451 F.3d at 653.

11
Frank Africa v. The Commonwealth of Pennsylvania Leroy S. Zimmerman (Attorney General) Bureau of Corrections Ronald Marks (Commissioner of b.o.c.)green
ca3 · 1981 · cited in 1 Kansas opinions naming this issue, 2008–2008
1 sentence

2008Africa, 662 F.2d 1025, 1033-34 (C.A.

11
Faith Builders Church, Inc. v. Department of Revenuegreen
illappct · 2008 · cited in 1 Kansas opinions naming this issue, 2008–2008
1 sentence

2008See Faith Builders Church, Inc. v. Department of Revenue, 378 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Turner v. Safley green
scotus · 1987
2 sentences

2020Turner v. Safley, 482 U.S. 78, 89 , 107 S. Ct. 2254 , 96 L.

2020Turner v. Safley, 482 U.S. 78, 89 , 107 S. Ct. 2254 , 96 L.

12020–2020
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah green
scotus · 1993
1 sentence

2013A law is not considered neutral “if [its] object is to infringe upon or restrict practices because of their religious motivation.” Church of the Lukumi Babalu Aye, 508 U.S. at 533 .

12013–2013
Minersville School District v. Gobitis red
scotus · 1940
2 sentences

2013The Smith decision pointed to longstanding Free Exercise Clause jurisprudence recognizing: “ 'Conscientious scruples have not, in the course of the long struggle for religious toleration, relieved the individual from obedience to a general, law not aimed at the promotion or restriction of religious beliefs.’ ” Smith, 494 U.S. at 879 (quoting Minersville District v. Gobitis, 310 U.S. 586, 594 , 60 S. Ct. 1010 , 84 L.

2013The Smith decision pointed to longstanding Free Exercise Clause jurisprudence recognizing: “ 'Conscientious scruples have not, in the course of the long struggle for religious toleration, relieved the individual from obedience to a general, law not aimed at the promotion or restriction of religious beliefs.’ ” Smith, 494 U.S. at 879 (quoting Minersville District v. Gobitis, 310 U.S. 586, 594 , 60 S. Ct. 1010 , 84 L.

12013–2013
GeorgiaCarry.Org, Inc. v. The State of Georgia green
ca11 · 2012
1 sentence

2013See 494 U.S. at 878 (“[I]f prohibiting the exercise of religion is not tire object of. . . but merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment has not been offended.”); 494 U.S. at 886 n.3 (no compelling governmental interest required to support law); GeorgiaCarry.Org, Inc. v. Georgia, 687 F.3d 1244 , 1255 n.21 (11th Cir. 2012) (rational basis sufficient to deflect Free Exercise challenge to neutral, generally applicable law); Commack Self-Service Kosher Meats, Inc. v. Hooker, 680 F.3d 194, 210-12 (2d Cir. 2012) (recognizing and applyin

12013–2013
Murdock v. Pennsylvania green
scotus · 1943
2 sentences

1980In support of their argument that the modest fee fixed by statute for an annual license constitutes a per se violation of the free exercise clause, appellants rely upon Murdock v. Pennsylvania, 319 U.S. 105 , 87 L.Ed. 1292 , 63 S.Ct. 870 (1943).

1980In support of their argument that the modest fee fixed by statute for an annual license constitutes a per se violation of the free exercise clause, appellants rely upon Murdock v. Pennsylvania, 319 U.S. 105 , 87 L.Ed. 1292 , 63 S.Ct. 870 (1943).

11980–1980
Wisconsin v. Yoder green
scotus · 1972
2 sentences

1980Wisconsin v. Yoder, 406 U.S. 205, 219-220 , 32 L.Ed.2d 15 , 92 S.Ct. 1526 (1972).

1980Wisconsin v. Yoder, 406 U.S. 205, 219-220 , 32 L.Ed.2d 15 , 92 S.Ct. 1526 (1972).

11980–1980

Where else courts name it

CA 57 (1961–2026) WA 36 (1973–2026) IL 32 (1984–2026) TX 32 (1975–2026) MA 24 (1980–2025) PA 20 (1971–2024) NY 19 (1974–2025) MI 17 (1982–2020) WI 17 (1971–2024) VA 16 (1996–2026) NJ 14 (1974–2025) CT 13 (1983–2024) MN 13 (1985–2008) OR 11 (1982–2022) CO 11 (1980–2015) AZ 9 (1981–2023) IN 8 (1979–2010) FL 8 (1994–2007) MD 7 (1979–2011) TN 7 (1985–2013) DC 7 (1984–2005) ID 7 (1987–2018) MT 6 (1986–2024) OH 6 (1976–2025) UT 6 (1998–2013) HI 6 (1970–2009) IA 6 (1981–2012) ND 6 (1970–1988) NE 6 (1982–2026) NM 6 (1979–2013) AK 6 (1979–2015) VT 5 (1982–2005) KS 5 (1980–2020) AR 4 (1984–2001) MS 4 (2002–2005) MO 4 (1976–2022) OK 3 (1980–1994) WV 3 (1981–2025) DE 3 (1974–2023) SD 3 (1980–1999) NV 3 (2017–2021) ME 2 (1999–2005) AL 2 (1987–1989) NC 2 (1918–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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