establishment clause in Minnesota

17 Minnesota opinions name it 2 courts 1926–2016 0 in the last five years

The cases below were cited by Minnesota 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 (13)

Case	Followed	Cited
Doe v. F.P., Diocese of Winonagreen minnctapp · 2003 · cited in 1 Minnesota opinions naming this issue, 2007–2007 2 sentences 2007As to the Establishment Clause claim, the court of appeals relied on its previous decision, that the clergy sexual conduct statute did not foster “excessive governmental entanglement with religion,” in Doe v. F.P., 667 N.W.2d 493, 500 (Minn.App.2003), rev. denied (Minn. Oct. 21, 2003). 2007As to the Establishment Clause claim, the court of appeals relied on its previous decision, that the clergy sexual conduct statute did not foster “excessive governmental entanglement with religion,” in Doe v. F.P., 667 N.W.2d 493, 500 (Minn.App.2003), rev. denied (Minn. Oct. 21, 2003).	1	1
Amico v. New Castle Countygreen ded · 1984 · cited in 1 Minnesota opinions naming this issue, 2003–2003 2 sentences 2003Still, because the Court has not yet reached consensus on Lemon’s successor, we continue to apply its test.” (citations omitted)); Amico v. New Castle County, 101 F.R.D. 472, 494 (D.Del.1984) ("While the Supreme Court has recently warned that this three-part test should not be mechanically applied in this sensitive area, the test remains a useful 499 tool in establishment clause analysis.”). 2003Still, because the Court has not yet reached consensus on Lemon’s successor, we continue to apply its test.” (citations omitted)); Amico v. New Castle County, 101 F.R.D. 472, 494 (D.Del.1984) ("While the Supreme Court has recently warned that this three-part test should not be mechanically applied in this sensitive area, the test remains a useful 499 tool in establishment clause analysis.”).	1	1
County of Pine v. State, Department of Natural Resourcesgreen minn · 1979 · cited in 1 Minnesota opinions naming this issue, 1999–1999 1 sentence 1999See Pine County v. State, Dep’t of Natural Resources, 280 N.W.2d 625, 629 (Minn.1979) (“Restrictions such as * * * minimum lot sizes are common to zoning ordinances generally.”).	1	1
National Labor Relations Board, and Social Services Union Local 535 Seiu, Afl-Cio, Intervenor v. Hanna Boys Centergreen ca9 · 1991 · cited in 1 Minnesota opinions naming this issue, 1992–1992 2 sentences 1992See, e.g., NLRB v. Hanna Boys Ctr., 940 F.2d 1295 (9th Cir.1991) cert. denied, ___ U.S. ___, 112 S.Ct. 2965 , 119 L.Ed.2d 586 (1992); Catholic High Sch. 1992See, e.g., NLRB v. Hanna Boys Ctr., 940 F.2d 1295 (9th Cir.1991) cert. denied, - U.S. -, 112 S.Ct. 2965 , 119 L.Ed.2d 586 (1992); Catholic High Sch.	1	1
New Medico Neurologic Center of Michigan, Inc. v. National Labor Relations Boardgreen scotus · 1992 · cited in 1 Minnesota opinions naming this issue, 1992–1992 2 sentences 1992See, e.g., NLRB v. Hanna Boys Ctr., 940 F.2d 1295 (9th Cir.1991) cert. denied, ___ U.S. ___, 112 S.Ct. 2965 , 119 L.Ed.2d 586 (1992); Catholic High Sch. 1992See, e.g., NLRB v. Hanna Boys Ctr., 940 F.2d 1295 (9th Cir.1991) cert. denied, - U.S. -, 112 S.Ct. 2965 , 119 L.Ed.2d 586 (1992); Catholic High Sch.	1	1
Mesnick v. General Electric Co.green scotus · 1992 · cited in 1 Minnesota opinions naming this issue, 1992–1992 2 sentences 1992See, e.g., NLRB v. Hanna Boys Ctr., 940 F.2d 1295 (9th Cir.1991) cert. denied, ___ U.S. ___, 112 S.Ct. 2965 , 119 L.Ed.2d 586 (1992); Catholic High Sch. 1992See, e.g., NLRB v. Hanna Boys Ctr., 940 F.2d 1295 (9th Cir.1991) cert. denied, - U.S. -, 112 S.Ct. 2965 , 119 L.Ed.2d 586 (1992); Catholic High Sch.	1	1
McCormick v. Hirschgreen pamd · 1978 · cited in 1 Minnesota opinions naming this issue, 1991–1991 1 sentence 1991See Catholic Bishop, 559 F.2d at 1130 (NLRB could not exercise jurisdiction over Catholic secondary schools); McCormick v. Hirsch, 460 F.Supp. 1337, 1340 (M.D.Pa.1978) (NLRB enjoined from asserting jurisdiction over a Catholic parochial high school); Caulfield v. Hirsch, 95 L.R.R.M.	1	1
Dayton Christian Schools, Inc. v. Ohio Civil Rights Commissiongreen ca6 · 1985 · cited in 1 Minnesota opinions naming this issue, 1991–1991 2 sentences 1991See Lynch v. Donnelly, 465 U.S. 668, 673 , 104 S.Ct. 1355, 1359 , 79 L.Ed.2d 604 (1984) (establishment clause forbids hostility toward any religion); Catholic Bishop, 440 U.S. at 501-04 , 99 S.Ct. at 1319-20 (conflicts flowing from NLRB jurisdiction over church-operated schools implicate Constitution’s religion clauses); Dayton Christian Schools, Inc. v. Ohio Civil Rights Comm’n, 766 F.2d 932, 956 (6th Cir.1985) (establishment clause implicated by statute burdening religion), rev’d on other grounds, 477 U.S. 619 , 106 S.Ct. 2718 , 91 L.Ed.2d 512 (1986); Ripple, The Entanglement Test of the Rel 1991(BNA) 3164 , 3180 (E.D.Pa.1977) (NLRB enjoined from asserting jurisdiction over Catholic elementary schools); see also Little v. Wuerl, 929 F.2d 944, 949, 951 (3d Cir.1991) (interpreting Title VII’s religious exemption broadly and refusing to apply the Act to a Catholic school because it would implicate the entanglement concerns of the establishment clause); Dayton Christian Schools, 766 F.2d at 961 (Ohio Civil Rights Commission could not exercise jurisdiction over a religious school and its hiring practices because it would result in excessive government entanglement with religion).	1	1
Little v. Wuerlgreen ca3 · 1991 · cited in 1 Minnesota opinions naming this issue, 1991–1991 1 sentence 1991(BNA) 3164 , 3180 (E.D.Pa.1977) (NLRB enjoined from asserting jurisdiction over Catholic elementary schools); see also Little v. Wuerl, 929 F.2d 944, 949, 951 (3d Cir.1991) (interpreting Title VII’s religious exemption broadly and refusing to apply the Act to a Catholic school because it would implicate the entanglement concerns of the establishment clause); Dayton Christian Schools, 766 F.2d at 961 (Ohio Civil Rights Commission could not exercise jurisdiction over a religious school and its hiring practices because it would result in excessive government entanglement with religion).	1	1
National Labor Relations Board v. Catholic Bishopgreen scotus · 1979 · cited in 1 Minnesota opinions naming this issue, 1991–1991 2 sentences 1991See Lynch v. Donnelly, 465 U.S. 668, 673 , 104 S.Ct. 1355, 1359 , 79 L.Ed.2d 604 (1984) (establishment clause forbids hostility toward any religion); Catholic Bishop, 440 U.S. at 501-04 , 99 S.Ct. at 1319-20 (conflicts flowing from NLRB jurisdiction over church-operated schools implicate Constitution’s religion clauses); Dayton Christian Schools, Inc. v. Ohio Civil Rights Comm’n, 766 F.2d 932, 956 (6th Cir.1985) (establishment clause implicated by statute burdening religion), rev’d on other grounds, 477 U.S. 619 , 106 S.Ct. 2718 , 91 L.Ed.2d 512 (1986); Ripple, The Entanglement Test of the Rel 1991See Lynch v. Donnelly, 465 U.S. 668, 673 , 104 S.Ct. 1355, 1359 , 79 L.Ed.2d 604 (1984) (establishment clause forbids hostility toward any religion); Catholic Bishop, 440 U.S. at 501-04 , 99 S.Ct. at 1319-20 (conflicts flowing from NLRB jurisdiction over church-operated schools implicate Constitution’s religion clauses); Dayton Christian Schools, Inc. v. Ohio Civil Rights Comm’n, 766 F.2d 932, 956 (6th Cir.1985) (establishment clause implicated by statute burdening religion), rev’d on other grounds, 477 U.S. 619 , 106 S.Ct. 2718 , 91 L.Ed.2d 512 (1986); Ripple, The Entanglement Test of the Rel	1	1
cluster 347695green ca7 · 1977 · cited in 1 Minnesota opinions naming this issue, 1991–1991 2 sentences 1991See Catholic Bishop v. NLRB, 559 F.2d 1112 , 1129 (7th Cir.1977), aff'd on other grounds, 440 U.S. 490, 507 , 99 S.Ct. 1313, 1322 , 59 L.Ed.2d 533 (1979). 1991See Catholic Bishop, 559 F.2d at 1130 (NLRB could not exercise jurisdiction over Catholic secondary schools); McCormick v. Hirsch, 460 F.Supp. 1337, 1340 (M.D.Pa.1978) (NLRB enjoined from asserting jurisdiction over a Catholic parochial high school); Caulfield v. Hirsch, 95 L.R.R.M.	1	1
Tony and Susan Alamo Foundation v. Secretary of Laborgreen scotus · 1985 · cited in 1 Minnesota opinions naming this issue, 1991–1991 2 sentences 1991See Tony & Susan Alamo Foundation v. Sec’y of Labor, 471 U.S. 290 , 105 S.Ct. 1953, 1963-64 , 85 L.Ed.2d 278 (1985) (applying FLSA to religious foundation); Salvation Army v. New Jersey Dep’t of Community Affairs, 919 F.2d 183 (3rd Cir. 1990) (applying state building regulations to religious organization). 1991See Tony & Susan Alamo Foundation v. Sec’y of Labor, 471 U.S. 290 , 105 S.Ct. 1953, 1963-64 , 85 L.Ed.2d 278 (1985) (applying FLSA to religious foundation); Salvation Army v. New Jersey Dep’t of Community Affairs, 919 F.2d 183 (3rd Cir. 1990) (applying state building regulations to religious organization).	1	1
Lynch v. Donnellygreen scotus · 1984 · cited in 1 Minnesota opinions naming this issue, 1991–1991 2 sentences 1991See Lynch v. Donnelly, 465 U.S. 668, 673 , 104 S.Ct. 1355, 1359 , 79 L.Ed.2d 604 (1984) (establishment clause forbids hostility toward any religion); Catholic Bishop, 440 U.S. at 501-04 , 99 S.Ct. at 1319-20 (conflicts flowing from NLRB jurisdiction over church-operated schools implicate Constitution’s religion clauses); Dayton Christian Schools, Inc. v. Ohio Civil Rights Comm’n, 766 F.2d 932, 956 (6th Cir.1985) (establishment clause implicated by statute burdening religion), rev’d on other grounds, 477 U.S. 619 , 106 S.Ct. 2718 , 91 L.Ed.2d 512 (1986); Ripple, The Entanglement Test of the Rel 1991See Lynch v. Donnelly, 465 U.S. 668, 673 , 104 S.Ct. 1355, 1359 , 79 L.Ed.2d 604 (1984) (establishment clause forbids hostility toward any religion); Catholic Bishop, 440 U.S. at 501-04 , 99 S.Ct. at 1319-20 (conflicts flowing from NLRB jurisdiction over church-operated schools implicate Constitution’s religion clauses); Dayton Christian Schools, Inc. v. Ohio Civil Rights Comm’n, 766 F.2d 932, 956 (6th Cir.1985) (establishment clause implicated by statute burdening religion), rev’d on other grounds, 477 U.S. 619 , 106 S.Ct. 2718 , 91 L.Ed.2d 512 (1986); Ripple, The Entanglement Test of the Rel	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (11)

Case	Cited	Years
Lemon v. Kurtzman red scotus · 1971 2 sentences 1991Although the Supreme Court generally has construed the establishment clause in the context of governmental action that benefits a religious activity, see, e.g., Lemon, 403 U.S. at 625 , 91 S.Ct. at 2117 , it is now clear the establishment clause is implicated by a statute that potentially burdens religious activities. 1991Although the Supreme Court generally has construed the establishment clause in the context of governmental action that benefits a religious activity, see, e.g., Lemon, 403 U.S. at 625 , 91 S.Ct. at 2117 , it is now clear the establishment clause is implicated by a statute that potentially burdens religious activities.	10	1989–2008
Doe v. Lutheran High School of Greater Minneapolis green minnctapp · 2005 1 sentence 2016We concluded that analyzing whether the teacher should not have been discharged based on his sexual orientation “intrudes into church doctrine and church administrative matters and engenders a prohibited relationship between the church and the judiciary,” and as such “resolution of [the teacher’s] claims would violate the establishment doctrine of the First Amendment.” Id.	1	2016–2016
Black v. Snyder green minnctapp · 1991 1 sentence 2005Id.; Black, 471 N.W.2d at 720 . 2.	1	2005–2005
Committee for Public Education & Religious Liberty v. Nyquist green scotus · 1973 2 sentences 1995But in neither Lemon nor the later decision in Committee for Public Education v. Nyquist, 413 U.S. 756, 788 , 93 S.Ct. 2955, 2973 , 37 L.Ed.2d 948 (1973), where the tension between the establishment clause and the freedom of choice clause of the United States Constitution is expressly recognized, did the Court make any attempt to explain why the establishment clause was accorded precedence. 1995But in neither Lemon nor the later decision in Committee for Public Education v. Nyquist, 413 U.S. 756, 788 , 93 S.Ct. 2955, 2973 , 37 L.Ed.2d 948 (1973), where the tension between the establishment clause and the freedom of choice clause of the United States Constitution is expressly recognized, did the Court make any attempt to explain why the establishment clause was accorded precedence.	1	1995–1995
Ralph L. Minker v. Baltimore Annual Conference of United Methodist Church and Bishop Joseph A. Yeakel green cadc · 1990 2 sentences 1991Not only may a church adopt its own idiosyncratic reasons for appointing pastors, but also it "has a legitimate claim to autonomy in the elaboration and pursuit of that goal." Minker, 894 F.2d at 1357 . 1991Not only may a church adopt its own idiosyncratic reasons for appointing pastors, but also it “has a legitimate claim to autonomy in the elaboration and pursuit of that goal.” Minker, 894 F.2d at 1357 .	1	1991–1991
Salvation Army (The) v. Department Of Community Affairs Of The State Of New Jersey green ca3 · 1990 2 sentences 1991See Tony & Susan Alamo Foundation v. Sec'y of Labor, 471 U.S. 290 , 105 S.Ct. 1953, 1963-64 , 85 L.Ed.2d 278 (1985) (applying FLSA to religious foundation); Salvation Army v. New Jersey Dep't of Community Affairs, 919 F.2d 183 (3rd Cir. 1990) (applying state building regulations to religious organization). 1991See Tony & Susan Alamo Foundation v. Sec’y of Labor, 471 U.S. 290 , 105 S.Ct. 1953, 1963-64 , 85 L.Ed.2d 278 (1985) (applying FLSA to religious foundation); Salvation Army v. New Jersey Dep’t of Community Affairs, 919 F.2d 183 (3rd Cir. 1990) (applying state building regulations to religious organization).	1	1991–1991
Ohio Civil Rights Commission v. Dayton Christian Schools, Inc. green scotus · 1986 2 sentences 1991See Lynch v. Donnelly, 465 U.S. 668, 673 , 104 S.Ct. 1355, 1359 , 79 L.Ed.2d 604 (1984) (establishment clause forbids hostility toward any religion); Catholic Bishop, 440 U.S. at 501-04 , 99 S.Ct. at 1319-20 (conflicts flowing from NLRB jurisdiction over church-operated schools implicate Constitution’s religion clauses); Dayton Christian Schools, Inc. v. Ohio Civil Rights Comm’n, 766 F.2d 932, 956 (6th Cir.1985) (establishment clause implicated by statute burdening religion), rev’d on other grounds, 477 U.S. 619 , 106 S.Ct. 2718 , 91 L.Ed.2d 512 (1986); Ripple, The Entanglement Test of the Rel 1991See Lynch v. Donnelly, 465 U.S. 668, 673 , 104 S.Ct. 1355, 1359 , 79 L.Ed.2d 604 (1984) (establishment clause forbids hostility toward any religion); Catholic Bishop, 440 U.S. at 501-04 , 99 S.Ct. at 1319-20 (conflicts flowing from NLRB jurisdiction over church-operated schools implicate Constitution’s religion clauses); Dayton Christian Schools, Inc. v. Ohio Civil Rights Comm’n, 766 F.2d 932, 956 (6th Cir.1985) (establishment clause implicated by statute burdening religion), rev’d on other grounds, 477 U.S. 619 , 106 S.Ct. 2718 , 91 L.Ed.2d 512 (1986); Ripple, The Entanglement Test of the Rel	1	1991–1991
Hunt v. McNair green scotus · 1973 2 sentences 1989Hunt v. McNair, 413 U.S. 734, 743 , 93 S.Ct. 2868, 2874 , 37 L.Ed.2d 923 (1973). 1989Hunt v. McNair, 413 U.S. 734, 743 , 93 S.Ct. 2868, 2874 , 37 L.Ed.2d 923 (1973).	1	1989–1989
Walz v. Tax Comm'n of City of New York green scotus · 1970 2 sentences 1989The First Amendment prohibits state action “respecting an establishment of religion.” The establishment clause is intended to prevent “sponsorship, financial support, and active involvement of the sovereign in religious activity.” Walz v. Tax Comm’n of New York, 397 U.S. 664, 668 , 90 S.Ct. 1409, 1411 , 25 L.Ed.2d 697 (1970). 1989The First Amendment prohibits state action “respecting an establishment of religion.” The establishment clause is intended to prevent “sponsorship, financial support, and active involvement of the sovereign in religious activity.” Walz v. Tax Comm’n of New York, 397 U.S. 664, 668 , 90 S.Ct. 1409, 1411 , 25 L.Ed.2d 697 (1970).	1	1989–1989
May's Drug Stores, Inc. v. State Tax Commission green iowa · 1950 2 sentences 1957But, see, May’s Drug Stores v. State Tax Comm. 242 Iowa 319 , 45 N. W. (2d) 245 . 6 Such aid to the establishment of a violation is not uncommon. 1957But, see, May’s Drug Stores v. State Tax Comm. 242 Iowa 319 , 45 N. W. (2d) 245 . 6 Such aid to the establishment of a violation is not uncommon.	1	1957–1957
Brown v. Farnham neutral minn · 1894 2 sentences 1926Brown v. Farnham, 58 Minn. 499 , 60 N. W. 344 . 1926Brown v. Farnham, 58 Minn. 499 , 60 N. W. 344 .	1	1926–1926

Statutes the citing opinions construe

MN § Minn. Stat. § 148A.01 (4)

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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