establishment clause (Texas) · Go Syfert
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establishment clause in Texas

28 Texas opinions name it 5 courts 1912–2023 2 in the last five years

The cases below were cited by Texas 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 (23)

CaseFollowedCited
Tyler v. Stategreen
texapp · 2005 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See id. at 749– 50; see also Tex. Transp.

2011See id. at 749–50; see also Tex. Transp.

22
Freiler v. Tangipahoa Parish Board of Educationgreen
ca5 · 1999 · cited in 2 Texas opinions naming this issue, 2004–2004
2 sentences

2004See id. at 344 ("The decision to apply a particular Establishment Clause test rests upon the nature of the Establishment Clause violation asserted.

2004See id. at 344 ("The decision to apply a particular Establishment Clause test rests upon the nature of the Establishment Clause violation asserted.

22
Rosenberger v. Rector & Visitors of University of Virginiagreen
scotus · 1995 · cited in 2 Texas opinions naming this issue, 2004–2004
2 sentences

2004See, e.g. , Rosenberger , 515 U.S. 819 (holding that a university could pay the publication expenses of a student Christian newspaper in accordance with its general policy of funding student newspapers); Lamb's Chapel , 508 U.S. 384 (1993) (holding that a school could allow after-hours access to its facilities to a religious group when the school had made its facilities generally available to a wide variety of public organizations); Widmar v. Vincent , 454 U.S. 263 (1981) (holding that a university could allow a student religious group to use university facilities that were generally available

2004See, e.g., Rosenberger, 515 U.S. 819 (holding that a university could pay the publication expenses of a student Christian newspaper in accordance with itsgeneralpolicyoffundingstudent newspapers); Lamb’s Chapel, 508 US. 384 (1993) (holdingthat a school could allow after-hours access to its facilities to a religious group when the school had made its facilities generally available to a wide variety of public organizations); Widmar v. Vincent, 454 U.S. 263 (1981) (holding that a university could allow a student religious group to use university facilities that were generally available for activi

22
Town of Greece v. Gallowaygreen
scotus · 2014 · cited in 2 Texas opinions naming this issue, 2015–2016
2 sentences

2016Id. 6 The Commission has advised this office that it likewise "does not consider a judge's operation of a Court Chaplaincy Program to be an Establishment Clause issue." Brief from Ms. Seana Willing, Exec.

2015See Galloway, 134 S. Ct. at 1825 (Kennedy, J.) (concluding that a prayer at a town meeting did not involve coercion); see also id. at 1838 (Thomas, J., concurring) ("to the extent coercion is relevant to the Establishment Clause analysis, it is actual legal coercion that counts-not the subtle coercive pressures allegedly felt by respondents in this case").

12
Trinity Lutheran Church of Columbia, Inc. v. Comergreen
· 2017 · cited in 1 Texas opinions naming this issue, 2023–2023
2 sentences

2023See id. at 1997–98.

2023See id. at 1997–98.

11
Zelman v. Simmons-Harrisgreen
scotus · 2002 · cited in 1 Texas opinions naming this issue, 2023–2023
2 sentences

2023See generally Zelman v. Simmons-Harris, 536 U.S. 639 (2002).

2023See generally Zelman v. Simmons-Harris, 536 U.S. 639 (2002).

11
Flores v. Stategreen
texcrimapp · 2008 · cited in 1 Texas opinions naming this issue, 2021–2021
2 sentences

2021An Establishment Clause analysis requires examination of three criteria: “First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster an excessive government entanglement with religion.” Flores v. State, 245 S.W.3d 432, 438 (Tex. Crim.

2021An Establishment Clause analysis requires examination of three criteria: “First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster an excessive government entanglement with religion.” Flores v. State, 245 S.W.3d 432, 438 (Tex. Crim.

11
Lynch v. Donnellygreen
scotus · 1984 · cited in 1 Texas opinions naming this issue, 2016–2016
2 sentences

2016Establishment Clause doctrine," analyzing the display using an endorsement test, focusing on "institutional entanglement and on endorsement or disapproval of religion." Id. at 687-89 (O'Connor, J., concurring).

2016Such an inquiry requires that "[e]very government practice must be judged in its unique circumstances to determine whether it constitutes an endorsement or disapproval of religion." Id. at 694 .

11
Jon G. Murray and Society of Separationists, Inc. v. City of Austin, Texas and Travis County, Texasgreen
ca5 · 1991 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015I believe that aggregating the probabilities is appropriate in a case like this one, which does not involve a generalized grievance and implicates both Lyons and Hunt, because it more accurately reflects the reality, immediacy, and palpability of the threatened injury to the associational plaintiff and its membership. 11 Cf. Grand Rapids School Dist. v. Ball, 473 U.S. 373 , 380 n. 5, 105 S.Ct. 3216 , 3220 n. 5, 87 L.Ed.2d 267 (1985) (citing “the numerous cases in which [the Supreme Court has] adjudicated Establishment Clause challenges by state taxpayers to programs for aiding nonpublic school

11
State v. Corpus Christi People's Baptist Church, Inc.green
tex · 1984 · cited in 1 Texas opinions naming this issue, 2007–2007
2 sentences

2007In State v. Corpus Christi People’s Baptist Church, Inc., 683 S.W.2d 692, 695 (Tex.1984), we held that an establishment clause challenge to a statute permitting state licensing and regulation of child-care facilities, as applied to church-operated facilities, was “misplaced.” We observed: The Establishment Clause cases address the issue of whether some form of government aid, either direct or indirect, to a religious institution violates the Establishment Clause.

2007In State v. Corpus Christi People's Baptist Church, Inc., 683 S.W.2d 692, 695 (Tex.1984), we held that an establishment clause challenge to a statute permitting state licensing and regulation of child-care facilities, as applied to church-operated facilities, was "misplaced." We observed: The Establishment Clause cases address the issue of whether some form of government aid, either direct or indirect, to a religious institution violates the Establishment Clause.

11
New Jersey State Board of Higher Education v. Board of Directors of Shelton Collegegreen
nj · 1982 · cited in 1 Texas opinions naming this issue, 2007–2007
2 sentences

2007State Bd. of Higher Educ. v. Bd. of Dirs. of Shelton College, 90 N.J. 470 , 448 A.2d 988, 997-998 (1982) (rejecting Establishment Clause challenge to a statute regulating post-secondary education, as there was no excessive entanglement between church and state).

2007State Bd. of Higher Educ. v. Bd. of Dirs. of Shelton College, 90 N.J. 470 , 448 A.2d 988, 997-998 (1982) (rejecting Establishment Clause challenge to a statute regulating post-secondary education, as there was no excessive entanglement between church and state).

11
Robert Lee Beck, Md, Dmd v. Texas State Board Of Dental Examinersgreen
ca5 · 2000 · cited in 1 Texas opinions naming this issue, 2006–2006
1 sentence

2006Constitutional Violation The first prong of any analysis of the availability of qualified immunity requires the establishment of the violation of a “clearly established right.” Beck, 204 F.3d at 638. [The due process clause of the Fourteenth Amendment] is phrased as a limitation on the State’s power to act, not as a guarantee of certain minimal levels of safety and security.

11
James W. Kerr v. Catherine J. Farrey and Lloyd Lindgreen
ca7 · 1996 · cited in 1 Texas opinions naming this issue, 2001–2001
2 sentences

2001See, e.g., Ken v. Farrey, 95 F.3d 472, 476-80 (7th Cir.1996) (analyzing an Establishment Clause claim without applying Turner)', Muhammad v. City of N.Y.

2001See, e.g., Ken v. Farrey, 95 F.3d 472, 476-80 (7th Cir.1996) (analyzing an Establishment Clause claim without applying Turner)', Muhammad v. City of N.Y.

11
Scarpino v. Grosshiemgreen
iasd · 1994 · cited in 1 Texas opinions naming this issue, 2001–2001
11
Boyd v. Coughlingreen
nynd · 1996 · cited in 1 Texas opinions naming this issue, 2001–2001
11
Engel v. Vitalegreen
scotus · 1962 · cited in 1 Texas opinions naming this issue, 2001–2001
11
Card v. Duggergreen
flmd · 1988 · cited in 1 Texas opinions naming this issue, 2001–2001
2 sentences

2001Dep’t of Corrs., 904 F.Supp. 161, 195-99 (S.D.N.Y.1995) (applying Turner to free-exercise and equal-protection claims, but not to an Establishment Clause claim), appeal dismissed as moot, 126 F.3d 119 (2d Cir.1997); Scarpino v. Grosshiem, 852 F.Supp. 798, 804 (S.D.Iowa 1994) (explicitly stating Turner does not apply to an Establishment Clause claim); Card v. Dugger, 709 F.Supp. 1098, 1103-10 (M.D.Fla.1988) (applying Turner to a free-exercise claim but not an Establishment Clause claim), aff'd, 871 F.2d 1023 (11th Cir.1989); see also Apanovitch, Note, Religion and Rehabilitation: The Requisitio

2001Dep’t of Corrs., 904 F.Supp. 161, 195-99 (S.D.N.Y.1995) (applying Turner to free-exercise and equal-protection claims, but not to an Establishment Clause claim), appeal dismissed as moot, 126 F.3d 119 (2d Cir.1997); Scarpino v. Grosshiem, 852 F.Supp. 798, 804 (S.D.Iowa 1994) (explicitly stating Turner does not apply to an Establishment Clause claim); Card v. Dugger, 709 F.Supp. 1098, 1103-10 (M.D.Fla.1988) (applying Turner to a free-exercise claim but not an Establishment Clause claim), aff'd, 871 F.2d 1023 (11th Cir.1989); see also Apanovitch, Note, Religion and Rehabilitation: The Requisitio

11
Muhammad v. City of New York Dept. of Correctionsgreen
nysd · 1995 · cited in 1 Texas opinions naming this issue, 2001–2001
2 sentences

2001Dep’t of Corrs., 904 F.Supp. 161, 195-99 (S.D.N.Y.1995) (applying Turner to free-exercise and equal-protection claims, but not to an Establishment Clause claim), appeal dismissed as moot, 126 F.3d 119 (2d Cir.1997); Scarpino v. Grosshiem, 852 F.Supp. 798, 804 (S.D.Iowa 1994) (explicitly stating Turner does not apply to an Establishment Clause claim); Card v. Dugger, 709 F.Supp. 1098, 1103-10 (M.D.Fla.1988) (applying Turner to a free-exercise claim but not an Establishment Clause claim), aff'd, 871 F.2d 1023 (11th Cir.1989); see also Apanovitch, Note, Religion and Rehabilitation: The Requisitio

2001Dep’t of Corrs., 904 F.Supp. 161, 195-99 (S.D.N.Y.1995) (applying Turner to free-exercise and equal-protection claims, but not to an Establishment Clause claim), appeal dismissed as moot, 126 F.3d 119 (2d Cir.1997); Scarpino v. Grosshiem, 852 F.Supp. 798, 804 (S.D.Iowa 1994) (explicitly stating Turner does not apply to an Establishment Clause claim); Card v. Dugger, 709 F.Supp. 1098, 1103-10 (M.D.Fla.1988) (applying Turner to a free-exercise claim but not an Establishment Clause claim), aff'd, 871 F.2d 1023 (11th Cir.1989); see also Apanovitch, Note, Religion and Rehabilitation: The Requisitio

11
Jordan v. Gardnergreen
ca9 · 1993 · cited in 1 Texas opinions naming this issue, 2001–2001
11
Turner v. Safleygreen
scotus · 1987 · cited in 1 Texas opinions naming this issue, 2001–2001
2 sentences

2001See id. at 89 , 107 S.Ct. 2254 .

2001See id. at 89 , 107 S.Ct. 2254 .

11
Nardis Sportswear v. Simmonsgreen
tex · 1949 · cited in 1 Texas opinions naming this issue, 1981–1981
11
Simpson v. Glenngreen
texapp · 1976 · cited in 1 Texas opinions naming this issue, 1981–1981
11
Porter v. Puryeargreen
tex · 1953 · cited in 1 Texas opinions naming this issue, 1981–1981
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Warburton v. Underwoodgreen
nywd · 1998 · cited in 1 Texas opinions naming this issue, 2001–2001
2 sentences

2001But see Warburton v. Underwood, 2 F.Supp.2d 306, 316 (W.D.N.Y. 1998) (applying Turner to an Establishment Clause claim); Boyd v. Coughlin, 914 F.Supp. 828, 831-32 (N.D.N.Y.1996)(same). 12 .Other courts have declined to apply Turner to other constitutional claims by inmates.

2001But see Warburton v. Underwood, 2 F.Supp.2d 306, 316 (W.D.N.Y. 1998) (applying Turner to an Establishment Clause claim); Boyd v. Coughlin, 914 F.Supp. 828, 831-32 (N.D.N.Y.1996)(same). 12 .Other courts have declined to apply Turner to other constitutional claims by inmates.

11

Also cited on this issue (20)

CaseCitedYears
Lemon v. Kurtzman red
scotus · 1971
2 sentences

2007Flores cites Lemon v. Kurtzman, 403 U.S. 602 , 91 S.Ct. 2105 , 29 L.Ed.2d 745 (1971) as the test for whether a statute survives an Establishment Clause challenge.

2007Flores cites Lemon v. Kurtzman, 403 U.S. 602 , 91 S.Ct. 2105 , 29 L.Ed.2d 745 (1971) as the test for whether a statute survives an Establishment Clause challenge.

32007–2021
School District of Grand Rapids v. Ball red
scotus · 1985
2 sentences

2015I believe that aggregating the probabilities is appropriate in a case like this one, which does not involve a generalized grievance and implicates both Lyons and Hunt, because it more accurately reflects the reality, immediacy, and palpability of the threatened injury to the associational plaintiff and its membership. 11 Cf. Grand Rapids School Dist. v. Ball, 473 U.S. 373 , 380 n. 5, 105 S.Ct. 3216 , 3220 n. 5, 87 L.Ed.2d 267 (1985) (citing “the numerous cases in which [the Supreme Court has] adjudicated Establishment Clause challenges by state taxpayers to programs for aiding nonpublic school

2015I believe that aggregating the probabilities is appropriate in a case like this one, which does not involve a generalized grievance and implicates both Lyons and Hunt, because it more accurately reflects the reality, immediacy, and palpability of the threatened injury to the associational plaintiff and its membership. 11 Cf. Grand Rapids School Dist. v. Ball, 473 U.S. 373 , 380 n. 5, 105 S.Ct. 3216 , 3220 n. 5, 87 L.Ed.2d 267 (1985) (citing “the numerous cases in which [the Supreme Court has] adjudicated Establishment Clause challenges by state taxpayers to programs for aiding nonpublic school

21987–2015
Widmar v. Vincent green
scotus · 1981
2 sentences

2004See, e.g. , Rosenberger , 515 U.S. 819 (holding that a university could pay the publication expenses of a student Christian newspaper in accordance with its general policy of funding student newspapers); Lamb's Chapel , 508 U.S. 384 (1993) (holding that a school could allow after-hours access to its facilities to a religious group when the school had made its facilities generally available to a wide variety of public organizations); Widmar v. Vincent , 454 U.S. 263 (1981) (holding that a university could allow a student religious group to use university facilities that were generally available

2004See, e.g., Rosenberger, 515 U.S. 819 (holding that a university could pay the publication expenses of a student Christian newspaper in accordance with itsgeneralpolicyoffundingstudent newspapers); Lamb’s Chapel, 508 US. 384 (1993) (holdingthat a school could allow after-hours access to its facilities to a religious group when the school had made its facilities generally available to a wide variety of public organizations); Widmar v. Vincent, 454 U.S. 263 (1981) (holding that a university could allow a student religious group to use university facilities that were generally available for activi

22004–2004
Abington School Dist. v. Schempp green
· 1963
2 sentences

2001Cf. Nyquist, 413 U.S. at 786, 93 S.Ct. 2955 (“The absence of any element of coercion ... is irrelevant to questions arising under the Establishment Clause.”); Abington, 374 U.S. at 223 , 83 S.Ct. 1560 (“[A] violation of the Free Exercise Clause is predicated on coercion while the Establishment Clause violation need not be so attended....”); *192 Engel v. Vitale, 370 U.S. 421, 430 , 82 S.Ct. 1261 , 8 L.Ed.2d 601 (1962) (“The Establishment Clause, unlike the Free Exercise Clause, does not depend upon any showing of direct governmental compulsion.... ”).

2001Cf. Nyquist, 413 U.S. at 786, 93 S.Ct. 2955 (“The absence of any element of coercion ... is irrelevant to questions arising under the Establishment Clause.”); Abington, 374 U.S. at 223 , 83 S.Ct. 1560 (“[A] violation of the Free Exercise Clause is predicated on coercion while the Establishment Clause violation need not be so attended....”); *192 Engel v. Vitale, 370 U.S. 421, 430 , 82 S.Ct. 1261 , 8 L.Ed.2d 601 (1962) (“The Establishment Clause, unlike the Free Exercise Clause, does not depend upon any showing of direct governmental compulsion.... ”).

21977–2001
Mingus, Receiver v. Wadley red
tex · 1926
2 sentences

1941Mingus v. Wadley, 115 Texas 551 , 285 S. W. 1084 . 2 The other items of damage alleged by the Tallwaters, namely, loss of household goods and loss of use of the rented premises, stand upon a different footing.

1941Mingus v. Wadley, 115 Texas 551 , 285 S. W. 1084 . 2 The other items of damage alleged by the Tallwaters, namely, loss of household goods and loss of use of the rented premises, stand upon a different footing.

21941–1941
Bishop v. State green
tex · 1875
2 sentences

1926P. The rule has been also well stated by Justice Roberts in Bishop v. State, 43 Texas, 390 , as follows: “When the evidence tends sufficiently to the establishment of a defense or mitigation of the offense charged as to reasonably require a charge as applicable, is a question of sound judgment, to be exercised by the district judge, in the first instance and afterwards by this court on appeal.” If its force is deemed to be very weak, trivial, light, and its application remote, the court is not required to give a charge upon it.” Elam v. State, 16 Tex. Crim.

1912Chief Justice Roberts, in Bishop v. State, 43 Texas, 390 , says: ‘When the evidence tends sufficiently to the establishment of a defense or mitigation of the offense charged as to reasonably require a charge as applicable, is a question of sound judgment, to be exercised by the district judge in the first instance, and afterwards by the Supreme Court on appeal.

21912–1926
Masterson v. Diocese of Northwest Texas green
tex · 2013
2 sentences

2018These commentaries have provided valuable guidance to us. (6) Summary Under the neutral principles methodology, we are required to apply neutral principles of law to issues such as land titles, trusts, and corporate formation, governance, and dissolution, even when religious entities are involved, Masterson, 422 S.W.3d at 606 , and “what happens to the property is not [an ecclesiastical matter], unless the congregation’s affairs have been ordered so that ecclesiastical decisions effectively determine the property issue.” Id. at 607 .

2018These commentaries have provided valuable guidance to us. (6) Summary Under the neutral principles methodology, we are required to apply neutral principles of law to issues such as land titles, trusts, and corporate formation, governance, and dissolution, even when religious entities are involved, Masterson, 422 S.W.3d at 606 , and “what happens to the property is not [an ecclesiastical matter], unless the congregation’s affairs have been ordered so that ecclesiastical decisions effectively determine the property issue.” Id. at 607 .

12018–2018
Child Evangelism Fellowship Of New Jersey v. Stafford Township School District green
ca3 · 2004
2 sentences

2016Dist., 386 F.3d 514 , 536 (3d Cir.2004) (holding school district "clearly engaged in a practice of viewpoint discrimination that cannot be justified as an effort to avoid an Establishment Clause violation”); Child Evangelism Fellowship of'Md., Inc. v. Montgomery Cnty.

2016Dist., 386 F.3d 514 , 536 (3d Cir.2004) (holding school district "clearly engaged in a practice of viewpoint discrimination that cannot be justified as an effort to avoid an Establishment Clause violation”); Child Evangelism Fellowship of'Md., Inc. v. Montgomery Cnty.

12016–2016
Everson v. Board of Ed. of Ewing green
scotus · 1947
2 sentences

2015I believe that aggregating the probabilities is appropriate in a case like this one, which does not involve a generalized grievance and implicates both Lyons and Hunt, because it more accurately reflects the reality, immediacy, and palpability of the threatened injury to the associational plaintiff and its membership. 11 Cf. Grand Rapids School Dist. v. Ball, 473 U.S. 373 , 380 n. 5, 105 S.Ct. 3216 , 3220 n. 5, 87 L.Ed.2d 267 (1985) (citing “the numerous cases in which [the Supreme Court has] adjudicated Establishment Clause challenges by state taxpayers to programs for aiding nonpublic school

2015I believe that aggregating the probabilities is appropriate in a case like this one, which does not involve a generalized grievance and implicates both Lyons and Hunt, because it more accurately reflects the reality, immediacy, and palpability of the threatened injury to the associational plaintiff and its membership. 11 Cf. Grand Rapids School Dist. v. Ball, 473 U.S. 373 , 380 n. 5, 105 S.Ct. 3216 , 3220 n. 5, 87 L.Ed.2d 267 (1985) (citing “the numerous cases in which [the Supreme Court has] adjudicated Establishment Clause challenges by state taxpayers to programs for aiding nonpublic school

12015–2015
Flast v. Cohen green
scotus · 1968
2 sentences

2015I believe that aggregating the probabilities is appropriate in a case like this one, which does not involve a generalized grievance and implicates both Lyons and Hunt, because it more accurately reflects the reality, immediacy, and palpability of the threatened injury to the associational plaintiff and its membership. 11 Cf. Grand Rapids School Dist. v. Ball, 473 U.S. 373 , 380 n. 5, 105 S.Ct. 3216 , 3220 n. 5, 87 L.Ed.2d 267 (1985) (citing “the numerous cases in which [the Supreme Court has] adjudicated Establishment Clause challenges by state taxpayers to programs for aiding nonpublic school

2015I believe that aggregating the probabilities is appropriate in a case like this one, which does not involve a generalized grievance and implicates both Lyons and Hunt, because it more accurately reflects the reality, immediacy, and palpability of the threatened injury to the associational plaintiff and its membership. 11 Cf. Grand Rapids School Dist. v. Ball, 473 U.S. 373 , 380 n. 5, 105 S.Ct. 3216 , 3220 n. 5, 87 L.Ed.2d 267 (1985) (citing “the numerous cases in which [the Supreme Court has] adjudicated Establishment Clause challenges by state taxpayers to programs for aiding nonpublic school

12015–2015
Lamb's Chapel v. Center Moriches Union Free School District green
scotus · 1993
1 sentence

2004See, e.g. , Rosenberger , 515 U.S. 819 (holding that a university could pay the publication expenses of a student Christian newspaper in accordance with its general policy of funding student newspapers); Lamb's Chapel , 508 U.S. 384 (1993) (holding that a school could allow after-hours access to its facilities to a religious group when the school had made its facilities generally available to a wide variety of public organizations); Widmar v. Vincent , 454 U.S. 263 (1981) (holding that a university could allow a student religious group to use university facilities that were generally available

12004–2004
cluster 520688 green
ca11 · 1989
2 sentences

2001Dep’t of Corrs., 904 F.Supp. 161, 195-99 (S.D.N.Y.1995) (applying Turner to free-exercise and equal-protection claims, but not to an Establishment Clause claim), appeal dismissed as moot, 126 F.3d 119 (2d Cir.1997); Scarpino v. Grosshiem, 852 F.Supp. 798, 804 (S.D.Iowa 1994) (explicitly stating Turner does not apply to an Establishment Clause claim); Card v. Dugger, 709 F.Supp. 1098, 1103-10 (M.D.Fla.1988) (applying Turner to a free-exercise claim but not an Establishment Clause claim), aff'd, 871 F.2d 1023 (11th Cir.1989); see also Apanovitch, Note, Religion and Rehabilitation: The Requisitio

2001Dep’t of Corrs., 904 F.Supp. 161, 195-99 (S.D.N.Y.1995) (applying Turner to free-exercise and equal-protection claims, but not to an Establishment Clause claim), appeal dismissed as moot, 126 F.3d 119 (2d Cir.1997); Scarpino v. Grosshiem, 852 F.Supp. 798, 804 (S.D.Iowa 1994) (explicitly stating Turner does not apply to an Establishment Clause claim); Card v. Dugger, 709 F.Supp. 1098, 1103-10 (M.D.Fla.1988) (applying Turner to a free-exercise claim but not an Establishment Clause claim), aff'd, 871 F.2d 1023 (11th Cir.1989); see also Apanovitch, Note, Religion and Rehabilitation: The Requisitio

12001–2001
Committee for Public Education & Religious Liberty v. Nyquist green
scotus · 1973
12001–2001
Muhammad v. City Of New York Department Of Corrections green
ca2 · 1997
2 sentences

2001Dep’t of Corrs., 904 F.Supp. 161, 195-99 (S.D.N.Y.1995) (applying Turner to free-exercise and equal-protection claims, but not to an Establishment Clause claim), appeal dismissed as moot, 126 F.3d 119 (2d Cir.1997); Scarpino v. Grosshiem, 852 F.Supp. 798, 804 (S.D.Iowa 1994) (explicitly stating Turner does not apply to an Establishment Clause claim); Card v. Dugger, 709 F.Supp. 1098, 1103-10 (M.D.Fla.1988) (applying Turner to a free-exercise claim but not an Establishment Clause claim), aff'd, 871 F.2d 1023 (11th Cir.1989); see also Apanovitch, Note, Religion and Rehabilitation: The Requisitio

2001Dep’t of Corrs., 904 F.Supp. 161, 195-99 (S.D.N.Y.1995) (applying Turner to free-exercise and equal-protection claims, but not to an Establishment Clause claim), appeal dismissed as moot, 126 F.3d 119 (2d Cir.1997); Scarpino v. Grosshiem, 852 F.Supp. 798, 804 (S.D.Iowa 1994) (explicitly stating Turner does not apply to an Establishment Clause claim); Card v. Dugger, 709 F.Supp. 1098, 1103-10 (M.D.Fla.1988) (applying Turner to a free-exercise claim but not an Establishment Clause claim), aff'd, 871 F.2d 1023 (11th Cir.1989); see also Apanovitch, Note, Religion and Rehabilitation: The Requisitio

12001–2001
Kedroff v. Saint Nicholas Cathedral of the Russian Orthodox Church in North America green
scotus · 1952
11986–1986
Kreshik v. Saint Nicholas Cathedral of Russian Orthodox Church of North America green
scotus · 1960
11986–1986
Bowles v. Bourdon green
tex · 1949
11981–1981
Tilton v. Richardson green
scotus · 1971
11975–1975
McGowan v. Maryland green
scotus · 1961
11972–1972
Trinity & Brazos Valley Railway Co. v. Geary green
· 1915
11960–1960

Statutes the citing opinions construe

USC § 42u.s.c.1983 (3)

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.

Where else courts name it

CA 89 (1921–2025) NY 53 (1861–2026) FL 43 (1938–2026) OH 42 (1953–2025) WA 42 (1895–2026) MI 39 (1909–2020) IL 39 (1887–2021) PA 39 (1917–2024) NJ 37 (1897–2019) WI 31 (1844–2020) MA 29 (1910–2018) TX 28 (1912–2023) MD 24 (1914–2023) CO 24 (1892–2015) CT 22 (1923–2025) OR 22 (1895–2025) MN 17 (1926–2016) AL 16 (1868–2015) AR 15 (1908–2021) OK 14 (1913–2024) IA 13 (1877–2018) NM 12 (1888–2015) LA 12 (1917–2000) TN 12 (1917–2013) GA 11 (1925–2023) NE 10 (1886–2003) AZ 10 (1960–2016) MO 10 (1906–2011) KS 10 (1901–1996) KY 9 (1899–2023) MS 8 (1950–2005) UT 8 (1986–2022) IN 8 (1942–2005) VA 8 (1925–2015) ME 7 (1844–2006) ID 7 (1890–1996) NC 7 (1874–2011) MT 6 (1878–2012) SC 5 (1846–2021) VT 5 (1979–2017) DC 5 (1982–1997) HI 5 (1987–2020) ND 4 (1895–1986) AK 4 (1979–2022) NV 4 (1959–2022) WV 4 (1950–2014) NH 4 (1967–1995) RI 2 (1919–1980) DE 2 (1974–1990) PR 2 (1942–1956)

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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