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31 Wisconsin opinions name it 3 courts 1844–2020 0 in the last five years
The cases below were cited by Wisconsin 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.
| Case | Followed | Cited |
|---|---|---|
State v. Konrathgreen2 sentences2020Jackson v. Benson, 218 Wis. 2d 835 , 854 n.4, 578 N.W.2d 602 (1998); see also State v. Konrath, 218 Wis. 2d 290 , 305 n.15, 577 N.W.2d 601 (1998) ("[T]he United States Supreme Court has not consistently applied the 'no set of circumstances' language."). 11 No. 2019AP614-LV & 2019AP622.rfd ¶178 The majority claims this test is nonetheless appropriate as an exercise of judicial modesty that will avoid judicial overstepping into the legislature's prerogative. 2020Jackson v. Benson, 218 Wis. 2d 835 , 854 n.4, 578 N.W.2d 602 (1998); see also State v. Konrath, 218 Wis. 2d 290 , 305 n.15, 577 N.W.2d 601 (1998) ("[T]he United States Supreme Court has not consistently applied the 'no set of circumstances' language."). 11 No. 2019AP614-LV & 2019AP622.rfd ¶178 The majority claims this test is nonetheless appropriate as an exercise of judicial modesty that will avoid judicial overstepping into the legislature's prerogative. | 4 | 4 |
Lemon v. Kurtzmanred2 sentences2009She argues, for example, that giving religious employers an exemption from non-discrimination laws "dangerously encroaches upon the Establishment Clause's prohibition against furthering religion." Ostlund further asserts that the three-part Establishment Clause test announced by the Supreme Court in Lemon v. Kurtzman, 403 U.S. 602 , 91 S.Ct. 2105 , 29 L.Ed.2d 745 (1971), should govern our determination of whether application of the WFEA here violates CCS's constitutional rights. [11] Though at times mentioning the Free Exercise Clause, Ostlund argues that the only relevant question here is whe 2009She argues, for example, that giving religious employers an exemption from non-discrimination laws "dangerously encroaches upon the Establishment Clause's prohibition against furthering religion." Ostlund further asserts that the three-part Establishment Clause test announced by the Supreme Court in Lemon v. Kurtzman, 403 U.S. 602 , 91 S.Ct. 2105 , 29 L.Ed.2d 745 (1971), should govern our determination of whether application of the WFEA here violates CCS's constitutional rights. [11] Though at times mentioning the Free Exercise Clause, Ostlund argues that the only relevant question here is whe | 3 | 7 |
Schmidt v. Bishopgreen2 sentences1997Id. at 329 (quoting Schmidt v. Bishop, 779 F. Supp. 321, 332 (S.D.N.Y. 1991). 1996Any award of damages would have a chilling effect leading indirectly to state control over the future conduct of affairs of a religious denomination, a result violative of the text and history of the establishment clause." Id. at 329 , 533 N.W.2d at 791 (quoting Schmidt v. Bishop, 779 F. Supp. 321, 332 (S.D.N.Y. 1991)). | 3 | 3 |
Committee for Public Education & Religious Liberty v. Nyquistgreen2 sentences1986But see Committee for Public Ed. Religious Lib. v. Nyquist , 413 U.S. 756 , 783 n. 39 (1973) (striking down a New York statute providing for payment out of public funds for maintenance and repair for private schools, tuition reimbursement to private school pupils and income tax benefits to parents of children attending private school), and Sloan v. Lemon , 413 U.S. 825 (1973) (holding that a Pennsylvania statute providing for reimbursement of tuition paid by parents who send their children to nonpublic schools had the impermissible effect of advancing religion and was, therefore, unconstitutio 1979In Cummins , the majority found no Establishment Clause violation in the federal religious accommodation requirements, 29 C.F.R. sec. 1605.1 (1974) and 42 U.S.C. sec. 2000e(j) utilizing the three-pronged test of Committee for Public Education v. Nyquist, 413 U.S. 756, 773 (1973). | 1 | 4 |
Ralph L. Minker v. Baltimore Annual Conference of United Methodist Church and Bishop Joseph A. Yeakelgreen1 sentence2012The Minker court cites Serbian Eastern Orthodox Diocese for the proposition that "courts may not consider provisions whose enforcement would require 'a searching and therefore impermissible inquiry' into church doctrine." Minker v. Baltimore Area Annual Conference of United Methodist Church, 894 F.2d 1354, 1360 (D.C. | 1 | 1 |
Stately v. Indian Community School of Milwaukee, Inc.green1 sentence2009Therefore, even if the dissenters are not comfortable with a school choice program that does not completely insulate children in religious schools from religion, the Supreme Court has spoken: There is no Establishment Clause violation. [30] In addition to those discussed in supra ¶¶ 50-54, see, e.g., EEOC v. Hosanna-Tabor Evangelical Lutheran Church & Sch., 582 F.Supp.2d 881 (E.D.Mich.2008) (holding that the ministerial exception applied to a kindergarten teacher who taught at a Lutheran school offering a "Christ-centered education" and where she received the title of "commissioned minister" f | 1 | 1 |
Equal Employment Opportunity Commission v. Fremont Christian Schoolgreen1 sentence2008Other courts treat it as derived from the establishment clause, see, e.g., EEOC v. Fremont Christian Sch., 781 F.2d 1362, 1369 (9th Cir. 1986), or from both clauses. | 1 | 1 |
National Labor Relations Board v. Catholic Bishopgreen1 sentence2008See generally Catholic Bishop, 440 U.S. 490 . | 1 | 1 |
Richard Tomic v. Catholic Diocese of Peoriagreen1 sentence2008See, e.g., Tomic v. Catholic Diocese of Peoria, 442 F.3d 1036, 1042 (7th Cir. 2006); see also Shawn Meyer Eikenberry, Thou Shalt Not Sue the Church: Denying Court Access to Ministerial Employees, 74 IND. | 1 | 1 |
Roppolo v. Mooregreen2 sentences1995Schmidt v. Bishop, 779 F. Supp. 321, 332 (S.D.N.Y., 1991); see also Roppolo v. Moore, 644 So. 2d 206, 208 (La. 1995Schmidt v. Bishop, 779 F. Supp. 321, 332 (S.D.N.Y., 1991); see also Roppolo v. Moore, 644 So. 2d 206, 208 (La. | 1 | 1 |
Edwards v. Aguillardgreen1 sentence1991See Edwards v. Aguillard, 482 U.S. 578, 583 (1987). [5] The Wisconsin Supreme Court has applied the United States Supreme Court's interpretation of the requirements of the establishment clause to article I, section 18, of the Wisconsin Constitution. | 1 | 1 |
Stone v. Grahamgreen2 sentences1986Stone v. Graham , 449 U.S. 39 , 40-41 (1980). 1986See Stone , 449 U.S. at 41 . | 1 | 1 |
| Widmar v. Vincentgreen | 1 | 1 |
Wallace v. Jaffreegreen1 sentence1986See Wallace , 105 S.Ct. at 2490 . *Page 87 However, the majority opinion suggests in passing that a simple moment for "silent meditation" may be constitutional if the state does not endorse prayer as the preferred activity for that time. | 1 | 1 |
| Walz v. Tax Comm'n of City of New Yorkgreen | 1 | 1 |
| Hunt v. McNairgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Committee for Public Education & Religious Liberty v. Nyquistgreen2 sentences1986But see Committee for Public Ed. Religious Lib. v. Nyquist , 413 U.S. 756 , 783 n. 39 (1973) (striking down a New York statute providing for payment out of public funds for maintenance and repair for private schools, tuition reimbursement to private school pupils and income tax benefits to parents of children attending private school), and Sloan v. Lemon , 413 U.S. 825 (1973) (holding that a Pennsylvania statute providing for reimbursement of tuition paid by parents who send their children to nonpublic schools had the impermissible effect of advancing religion and was, therefore, unconstitutio 1979In Cummins , the majority found no Establishment Clause violation in the federal religious accommodation requirements, 29 C.F.R. sec. 1605.1 (1974) and 42 U.S.C. sec. 2000e(j) utilizing the three-pronged test of Committee for Public Education v. Nyquist, 413 U.S. 756, 773 (1973). | 1 | 4 |
Sloan v. Lemongreen1 sentence1986But see Committee for Public Ed. Religious Lib. v. Nyquist , 413 U.S. 756 , 783 n. 39 (1973) (striking down a New York statute providing for payment out of public funds for maintenance and repair for private schools, tuition reimbursement to private school pupils and income tax benefits to parents of children attending private school), and Sloan v. Lemon , 413 U.S. 825 (1973) (holding that a Pennsylvania statute providing for reimbursement of tuition paid by parents who send their children to nonpublic schools had the impermissible effect of advancing religion and was, therefore, unconstitutio | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Jackson v. Benson
green
2 sentences2020Jackson v. Benson, 218 Wis. 2d 835 , 854 n.4, 578 N.W.2d 602 (1998); see also State v. Konrath, 218 Wis. 2d 290 , 305 n.15, 577 N.W.2d 601 (1998) ("[T]he United States Supreme Court has not consistently applied the 'no set of circumstances' language."). 11 No. 2019AP614-LV & 2019AP622.rfd ¶178 The majority claims this test is nonetheless appropriate as an exercise of judicial modesty that will avoid judicial overstepping into the legislature's prerogative. 2020Jackson v. Benson, 218 Wis. 2d 835 , 854 n.4, 578 N.W.2d 602 (1998); see also State v. Konrath, 218 Wis. 2d 290 , 305 n.15, 577 N.W.2d 601 (1998) ("[T]he United States Supreme Court has not consistently applied the 'no set of circumstances' language."). 11 No. 2019AP614-LV & 2019AP622.rfd ¶178 The majority claims this test is nonetheless appropriate as an exercise of judicial modesty that will avoid judicial overstepping into the legislature's prerogative. | 4 | 2020–2020 |
Wolman v. Walter
red
2 sentences1978In Wolman v. Walter , 433 U.S. 229 , 53 L.Ed.2d 714 , 97 S.Ct. 2593 (1977), the Court held that to use public funds to provide instructional materials and equipment on the premises of parochial schools would violate the establishment clause. 1978In Wolman v. Walter , 433 U.S. 229 , 53 L.Ed.2d 714 , 97 S.Ct. 2593 (1977), the Court held that to use public funds to provide instructional materials and equipment on the premises of parochial schools would violate the establishment clause. | 2 | 1978–1986 |
Equal Employment Opportunity Commission v. Hosanna-Tabor Evangelical Lutheran Church & School
green
2 sentences2009Therefore, even if the dissenters are not comfortable with a school choice program that does not completely insulate children in religious schools from religion, the Supreme Court has spoken: There is no Establishment Clause violation. [30] In addition to those discussed in supra ¶¶ 50-54, see, e.g., EEOC v. Hosanna-Tabor Evangelical Lutheran Church & Sch., 582 F.Supp.2d 881 (E.D.Mich.2008) (holding that the ministerial exception applied to a kindergarten teacher who taught at a Lutheran school offering a "Christ-centered education" and where she received the title of "commissioned minister" f 2009In addition to those discussed in supra ¶¶ 50-54, see, e.g., EEOC v. Hosanna-Tabor Evangelical Lutheran Church & Sch., 582 F. Supp. 2d 881 (E.D. | 1 | 2009–2009 |
Porth v. Roman Catholic Diocese
green
2 sentences2009Therefore, even if the dissenters are not comfortable with a school choice program that does not completely insulate children in religious schools from religion, the Supreme Court has spoken: There is no Establishment Clause violation. [30] In addition to those discussed in supra ¶¶ 50-54, see, e.g., EEOC v. Hosanna-Tabor Evangelical Lutheran Church & Sch., 582 F.Supp.2d 881 (E.D.Mich.2008) (holding that the ministerial exception applied to a kindergarten teacher who taught at a Lutheran school offering a "Christ-centered education" and where she received the title of "commissioned minister" f 2009Therefore, even if the dissenters are not comfortable with a school choice program that does not completely insulate children in religious schools from religion, the Supreme Court has spoken: There is no Establishment Clause violation. [30] In addition to those discussed in supra ¶¶ 50-54, see, e.g., EEOC v. Hosanna-Tabor Evangelical Lutheran Church & Sch., 582 F.Supp.2d 881 (E.D.Mich.2008) (holding that the ministerial exception applied to a kindergarten teacher who taught at a Lutheran school offering a "Christ-centered education" and where she received the title of "commissioned minister" f | 1 | 2009–2009 |
Guy Demarco v. Holy Cross High School
green
1 sentence2009Therefore, even if the dissenters are not comfortable with a school choice program that does not completely insulate children in religious schools from religion, the Supreme Court has spoken: There is no Establishment Clause violation. [30] In addition to those discussed in supra ¶¶ 50-54, see, e.g., EEOC v. Hosanna-Tabor Evangelical Lutheran Church & Sch., 582 F.Supp.2d 881 (E.D.Mich.2008) (holding that the ministerial exception applied to a kindergarten teacher who taught at a Lutheran school offering a "Christ-centered education" and where she received the title of "commissioned minister" f | 1 | 2009–2009 |
Redhead v. Conference of Seventh-Day Adventists
green
1 sentence2009Therefore, even if the dissenters are not comfortable with a school choice program that does not completely insulate children in religious schools from religion, the Supreme Court has spoken: There is no Establishment Clause violation. [30] In addition to those discussed in supra ¶¶ 50-54, see, e.g., EEOC v. Hosanna-Tabor Evangelical Lutheran Church & Sch., 582 F.Supp.2d 881 (E.D.Mich.2008) (holding that the ministerial exception applied to a kindergarten teacher who taught at a Lutheran school offering a "Christ-centered education" and where she received the title of "commissioned minister" f | 1 | 2009–2009 |
Equal Employment Opportunity Commission v. Tree of Life Christian Schools
green
1 sentence2009Therefore, even if the dissenters are not comfortable with a school choice program that does not completely insulate children in religious schools from religion, the Supreme Court has spoken: There is no Establishment Clause violation. [30] In addition to those discussed in supra ¶¶ 50-54, see, e.g., EEOC v. Hosanna-Tabor Evangelical Lutheran Church & Sch., 582 F.Supp.2d 881 (E.D.Mich.2008) (holding that the ministerial exception applied to a kindergarten teacher who taught at a Lutheran school offering a "Christ-centered education" and where she received the title of "commissioned minister" f | 1 | 2009–2009 |
Guinan v. Roman Catholic Archdiocese of Indianapolis
green
1 sentence2009Therefore, even if the dissenters are not comfortable with a school choice program that does not completely insulate children in religious schools from religion, the Supreme Court has spoken: There is no Establishment Clause violation. [30] In addition to those discussed in supra ¶¶ 50-54, see, e.g., EEOC v. Hosanna-Tabor Evangelical Lutheran Church & Sch., 582 F.Supp.2d 881 (E.D.Mich.2008) (holding that the ministerial exception applied to a kindergarten teacher who taught at a Lutheran school offering a "Christ-centered education" and where she received the title of "commissioned minister" f | 1 | 2009–2009 |
Rayburn v. General Conference Of Seventh-Day Adventists
green
1 sentence2008I. 4 Although we used the phrase "ministerial or ecclesiastical" throughout Jocz v. LIRC, 196 Wis. 2d 273 , 538 N.W.2d 588 (Ct. App. 1995), we simplify in this opinion by using only the term "ministerial." 5 The court in Rayburn v. General Conf. of Seventh-Day Adventists, 772 F.2d 1164 , 1169-71 (4th Cir. 1985), undertook a separate analysis under the establishment clause and concluded that clause also precluded the lawsuit. 6 Title VII, 42 U.S.C. 2000e-2000e-17, prohibits discrimination based on race, color, religion, sex, or national origin. | 1 | 2008–2008 |
Jocz v. Labor & Industry Review Commission
green
2 sentences2008I. 4 Although we used the phrase "ministerial or ecclesiastical" throughout Jocz v. LIRC, 196 Wis. 2d 273 , 538 N.W.2d 588 (Ct. App. 1995), we simplify in this opinion by using only the term "ministerial." 5 The court in Rayburn v. General Conf. of Seventh-Day Adventists, 772 F.2d 1164 , 1169-71 (4th Cir. 1985), undertook a separate analysis under the establishment clause and concluded that clause also precluded the lawsuit. 6 Title VII, 42 U.S.C. 2000e-2000e-17, prohibits discrimination based on race, color, religion, sex, or national origin. 2008I. 4 Although we used the phrase "ministerial or ecclesiastical" throughout Jocz v. LIRC, 196 Wis. 2d 273 , 538 N.W.2d 588 (Ct. App. 1995), we simplify in this opinion by using only the term "ministerial." 5 The court in Rayburn v. General Conf. of Seventh-Day Adventists, 772 F.2d 1164 , 1169-71 (4th Cir. 1985), undertook a separate analysis under the establishment clause and concluded that clause also precluded the lawsuit. 6 Title VII, 42 U.S.C. 2000e-2000e-17, prohibits discrimination based on race, color, religion, sex, or national origin. | 1 | 2008–2008 |
Pritzlaff v. Archdiocese of Milwaukee
green
2 sentences1996Any award of damages would have a chilling effect leading indirectly to state control over the future conduct of affairs of a religious denomination, a result violative of the text and history of the establishment clause." Id. at 329 , 533 N.W.2d at 791 (quoting Schmidt v. Bishop, 779 F. Supp. 321, 332 (S.D.N.Y. 1991)). 1996Any award of damages would have a chilling effect leading indirectly to state control over the future conduct of affairs of a religious denomination, a result violative of the text and history of the establishment clause." Id. at 329 , 533 N.W.2d at 791 (quoting Schmidt v. Bishop, 779 F. Supp. 321, 332 (S.D.N.Y. 1991)). | 1 | 1996–1996 |
American Motors Corp. v. Department of Industry, Labor & Human Relations
green
2 sentences1988Consequently, it has employed the tests enunciated by the United States Supreme Court in construing the requirements of the establishment clause to determine whether specific state laws or actions are violative of either constitutional provision. *Page 71 American Motors Corp. v. ILHR Dept. , 93 Wis.2d 14 , 29 , 286 N.W.2d 847 (1979) (citations omitted). 1988Consequently, it has employed the tests enunciated by the United States Supreme Court in construing the requirements of the establishment clause to determine whether specific state laws or actions are violative of either constitutional provision. *Page 71 American Motors Corp. v. ILHR Dept. , 93 Wis.2d 14 , 29 , 286 N.W.2d 847 (1979) (citations omitted). | 1 | 1988–1988 |
Tilton v. Richardson
green
1 sentence1987As stated in Nusbaum , 64 Wis.2d at 325 , quoting Tilton v. Richardson , 403 U.S. at 682 : "Individual projects can be properly evaluated if and when challenges arise with respect to particular recipients and some evidence is then presented to show that the institution does in fact possess these characteristics." Therefore, I also express no opinion as to whether any particular grant recipient or applicant falls within the scope of this prohibition since that is a factual determination which must be made by the board through the application process. | 1 | 1987–1987 |
State Ex Rel. Warren v. Nusbaum
green
1 sentence1987As stated in Nusbaum , 64 Wis.2d at 325 , quoting Tilton v. Richardson , 403 U.S. at 682 : "Individual projects can be properly evaluated if and when challenges arise with respect to particular recipients and some evidence is then presented to show that the institution does in fact possess these characteristics." Therefore, I also express no opinion as to whether any particular grant recipient or applicant falls within the scope of this prohibition since that is a factual determination which must be made by the board through the application process. | 1 | 1987–1987 |
Opinion No. Oag 86-78, (1978)
neutral
1 sentence1986Thus, this arrangement is distinguishable from the leasing of classrooms in parochial schools by public school districts in order to provide educational programs under Title I of Elementary and Secondary Education Act to parochial school students, which I *Page 263 previously advised your predecessor was prohibited by the establishment clause of the United States Constitution and article I , section 18 of the Wisconsin Constitution. 67 Op. Att'y Gen. 283 (1978). | 1 | 1986–1986 |
Aguilar v. Felton
red
1 sentence1986Entanglement In the second case, Aquilar v. Felton , 105 S.Ct. 3232 (1985), the Court held that a program in which New York City used Title I funds to pay salaries of public school employes to teach in parochial schools violated the establishment clause. | 1 | 1986–1986 |
| Rankins v. Commission on Professional Competence of the Ducor Union School District green | 1 | 1979–1979 |
| Zorach v. Clauson green | 1 | 1979–1979 |
| State Ex Rel. Warren v. Nusbaum green | 1 | 1979–1979 |
| State Ex Rel. Reynolds v. Nusbaum green | 1 | 1979–1979 |
| New York Times Co. v. Sullivan green | 1 | 1979–1979 |
| Maine Human Rights Commission v. Local 1361, United Paperworkers International Union AFL-CIO green | 1 | 1979–1979 |
| Griggs v. Duke Power Co. green | 1 | 1979–1979 |
| State Ex Rel. Wisconsin Health Facilities Authority v. Lindner green | 1 | 1979–1979 |
| Gillette v. United States green | 1 | 1979–1979 |
| Hardison v. Trans World Airlines green | 1 | 1979–1979 |
| Wondzell v. Alaska Wood Products, Inc. green | 1 | 1979–1979 |
| Meek v. Pittenger red | 1 | 1978–1978 |
| Everson v. Board of Ed. of Ewing green | 1 | 1969–1969 |
| Will of Gudde v. Fasting green | 1 | 1967–1967 |
| Matthews v. Capital Fire Insurance neutral | 1 | 1964–1964 |
| Klix v. Nieman green | 1 | 1914–1914 |
| Gorr v. Mittlestaedt neutral | 1 | 1914–1914 |
| Cook v. Rice Lake Milling & Power Co. neutral | 1 | 1914–1914 |
| Flood v. Pragoff green | 1 | 1887–1887 |
| State ex rel. Wood v. Baker green | 1 | 1880–1880 |
| Russell v. Swan green | 1 | 1844–1844 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.