101 Washington opinions name it 2 courts 1975–2026 7 in the last five years
The cases below were cited by Washington 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 |
|---|---|---|
Appel v. Appelgreen2 sentences2006As a result, the State's interest in ensuring the best interest of the child is insufficient to meet the strict scrutiny standard. ¶ 10 To support his argument that the only interest that meets the strict scrutiny test is the State's interest in preventing harm to the child, Mr. Momb relies on In re Smith, 137 Wash.2d 1 , 969 P.2d 21 (1998), the United States Supreme Court case affirming Smith's companion case on narrower grounds, Troxel v. Granville, 530 U.S. 57 , 120 S.Ct. 2054 , 147 L.Ed.2d 49 (2000), and In re Parentage of C.A.M.A., 154 Wash.2d 52 , 109 P.3d 405 (2005). 2006As a result, the State's interest in ensuring the best interest of the child is insufficient to meet the strict scrutiny standard. ¶ 10 To support his argument that the only interest that meets the strict scrutiny test is the State's interest in preventing harm to the child, Mr. Momb relies on In re Smith, 137 Wash.2d 1 , 969 P.2d 21 (1998), the United States Supreme Court case affirming Smith's companion case on narrower grounds, Troxel v. Granville, 530 U.S. 57 , 120 S.Ct. 2054 , 147 L.Ed.2d 49 (2000), and In re Parentage of C.A.M.A., 154 Wash.2d 52 , 109 P.3d 405 (2005). | 4 | 9 |
State v. Schaafgreen2 sentences2026“Under the strict scrutiny test, a law may be upheld only if it is shown to be necessary to accomplish a compelling state interest.” Schaaf, 109 Wn.2d at 17 . 2025“Under the strict scrutiny test, a law may be upheld only if it is shown to be necessary to accomplish a compelling state interest.” Schaaf, 109 Wn.2d at 17 . 11 87073-4-I/12 Intermediate scrutiny applies “if the individual is a member of a ‘semisuspect’ class or the state action threatens ‘important’ rights,” which requires that the challenged state action further a substantial interest of the state. | 2 | 9 |
In Re Parentage of CAMAgreen2 sentences2006As a result, the State's interest in ensuring the best interest of the child is insufficient to meet the strict scrutiny standard. ¶ 10 To support his argument that the only interest that meets the strict scrutiny test is the State's interest in preventing harm to the child, Mr. Momb relies on In re Smith, 137 Wash.2d 1 , 969 P.2d 21 (1998), the United States Supreme Court case affirming Smith's companion case on narrower grounds, Troxel v. Granville, 530 U.S. 57 , 120 S.Ct. 2054 , 147 L.Ed.2d 49 (2000), and In re Parentage of C.A.M.A., 154 Wash.2d 52 , 109 P.3d 405 (2005). 2006As a result, the State's interest in ensuring the best interest of the child is insufficient to meet the strict scrutiny standard. ¶ 10 To support his argument that the only interest that meets the strict scrutiny test is the State's interest in preventing harm to the child, Mr. Momb relies on In re Smith, 137 Wash.2d 1 , 969 P.2d 21 (1998), the United States Supreme Court case affirming Smith's companion case on narrower grounds, Troxel v. Granville, 530 U.S. 57 , 120 S.Ct. 2054 , 147 L.Ed.2d 49 (2000), and In re Parentage of C.A.M.A., 154 Wash.2d 52 , 109 P.3d 405 (2005). | 2 | 8 |
Rickert v. Public Disclosure Commissiongreen2 sentences2013Under the strict scrutiny standard, a statute that burdens the right to petition is only valid if it "'is necessary to serve a compelling state interest and ... is narrowly drawn to achieve that end.'" Rickert, 161 Wn.2d at 843 (internal quotation marks omitted) (quoting Burson v. Freeman. 504 U.S.191, 198, 112 S. Ct. 1846 , 119 L Ed. 2d. 5 (1992)): see also In re R.H., 170 Cal.App.4th 678, 702 , 88 Cal.Rptr.3d 650 (Cal.App. 5 Dist., 2009) ("No doubt, any impairment ofthe right to petition must be narrowly drawn."). 2013Under the strict scrutiny standard, a statute that burdens the right to petition is valid only if it “ ‘is necessary to serve a compelling state interest and ... is narrowly drawn to achieve that end.’ ” Rickert, 161 Wn.2d at 848 (internal quotation marks omitted) (quoting Burson v. Freeman, 504 U.S. 191, 198 , 112 S. Ct. 1846 , 119 L. | 2 | 2 |
In Re RHgreen2 sentences2013Under the strict scrutiny standard, a statute that burdens the right to petition is only valid if it "'is necessary to serve a compelling state interest and ... is narrowly drawn to achieve that end.'" Rickert, 161 Wn.2d at 843 (internal quotation marks omitted) (quoting Burson v. Freeman. 504 U.S.191, 198, 112 S. Ct. 1846 , 119 L Ed. 2d. 5 (1992)): see also In re R.H., 170 Cal.App.4th 678, 702 , 88 Cal.Rptr.3d 650 (Cal.App. 5 Dist., 2009) ("No doubt, any impairment ofthe right to petition must be narrowly drawn."). 2013Under the strict scrutiny standard, a statute that burdens the right to petition is only valid if it "'is necessary to serve a compelling state interest and ... is narrowly drawn to achieve that end.'" Rickert, 161 Wn.2d at 843 (internal quotation marks omitted) (quoting Burson v. Freeman. 504 U.S.191, 198, 112 S. Ct. 1846 , 119 L Ed. 2d. 5 (1992)): see also In re R.H., 170 Cal.App.4th 678, 702 , 88 Cal.Rptr.3d 650 (Cal.App. 5 Dist., 2009) ("No doubt, any impairment ofthe right to petition must be narrowly drawn."). | 2 | 2 |
United States v. Callgreen2 sentences2013United States v. Call, 874 F. Supp. 2d 969, 976 (D. 2013United States v. Call, 874 F. Supp. 2d 969, 976 (D. | 2 | 2 |
| Washington State Coalition for the Homeless v. Department of Social & Health Servicesgreen | 2 | 2 |
| Coalition for Homeless v. Dshsgreen | 2 | 2 |
| Andre Brigham Young v. David Weston, Superintendent of the Special Commitment Centergreen | 2 | 2 |
Burson v. Freemangreen2 sentences2013Under the strict scrutiny standard, a statute that burdens the right to petition is valid only if it “ ‘is necessary to serve a compelling state interest and ... is narrowly drawn to achieve that end.’ ” Rickert, 161 Wn.2d at 848 (internal quotation marks omitted) (quoting Burson v. Freeman, 504 U.S. 191, 198 , 112 S. Ct. 1846 , 119 L. 2013Under the strict scrutiny standard, a statute that burdens the right to petition is valid only if it “ ‘is necessary to serve a compelling state interest and ... is narrowly drawn to achieve that end.’ ” Rickert, 161 Wn.2d at 848 (internal quotation marks omitted) (quoting Burson v. Freeman, 504 U.S. 191, 198 , 112 S. Ct. 1846 , 119 L. | 1 | 3 |
| Brown v. Socialist Workers '74 Campaign Comm. (Ohio)green | 1 | 1 |
| Reed v. Town of Gilbertgreen | 1 | 1 |
| Bering v. Sharegreen | 1 | 1 |
| York v. Wahkiakum School District No. 200green | 1 | 1 |
| Momb v. Ragonegreen | 1 | 1 |
| Coulter v. Stategreen | 1 | 1 |
| State v. Ricegreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Smith v. Stillwell-Smith
green
2 sentences2024Nonetheless, Gantt urges us to analyze this statute under the strict scrutiny standard because “autonomy in matters of sexual intimacy is a fundamental right.”3 In support, Gantt cites to both Washington and federal caselaw, including In re Custody of Smith, 137 Wn.2d 1, 13 , 969 P.2d 21 (1998); Obergefell v. Hodges, 576 U.S. 644 , 135 S. Ct. 2584 , 192 L. 2006As a result, the State’s interest in ensuring the best interest of the child is insufficient to meet the strict scrutiny standard. ¶10 To support his argument that the only interest that meets the strict scrutiny test is the State’s interest in preventing harm to the child, Mr. Momb relies on In re Custody of Smith, 137 Wn.2d 1 , 969 P.2d 21 (1998), the United States Supreme Court case affirming Smith’s companion case on narrower grounds, Troxel v. Granville, 530 U.S. 57 , 120 S. Ct. 2054 , 147 L. | 11 | 2005–2024 |
In Re Custody of Smith
green
2 sentences2024Nonetheless, Gantt urges us to analyze this statute under the strict scrutiny standard because “autonomy in matters of sexual intimacy is a fundamental right.”3 In support, Gantt cites to both Washington and federal caselaw, including In re Custody of Smith, 137 Wn.2d 1, 13 , 969 P.2d 21 (1998); Obergefell v. Hodges, 576 U.S. 644 , 135 S. Ct. 2584 , 192 L. 2006As a result, the State’s interest in ensuring the best interest of the child is insufficient to meet the strict scrutiny standard. ¶10 To support his argument that the only interest that meets the strict scrutiny test is the State’s interest in preventing harm to the child, Mr. Momb relies on In re Custody of Smith, 137 Wn.2d 1 , 969 P.2d 21 (1998), the United States Supreme Court case affirming Smith’s companion case on narrower grounds, Troxel v. Granville, 530 U.S. 57 , 120 S. Ct. 2054 , 147 L. | 10 | 2005–2024 |
State v. Phelan
green
2 sentences2007State v. Schaaf, 109 Wn.2d 1, 17 , 743 P.2d 240 (1987) (quoting State v. Phelan, 100 Wn.2d 508, 512 , 671 P.2d 1212 (1983)). ¶31 Courts use the strict scrutiny test if an allegedly discriminatory statutory classification affects a suspect class or a fundamental right. 2007State v. Schaaf, 109 Wn.2d 1, 17 , 743 P.2d 240 (1987) (quoting State v. Phelan, 100 Wn.2d 508, 512 , 671 P.2d 1212 (1983)). ¶31 Courts use the strict scrutiny test if an allegedly discriminatory statutory classification affects a suspect class or a fundamental right. | 8 | 1987–2007 |
Sherbert v. Verner
green
2 sentences2000This we have appropriately emphasized: Since free exercise of religion is a fundamental right, [we apply] the strict scrutiny test of Sherbert v. Verner, 374 U.S. 398 , 83 S.Ct. 1790 , 10 L.Ed.2d 965 (1963). 2000This we have appropriately emphasized: Since free exercise of religion is a fundamental right, [we apply] the strict scrutiny test of Sherbert v. Verner, 374 U.S. 398 , 83 S.Ct. 1790 , 10 L.Ed.2d 965 (1963). | 7 | 1992–2000 |
Matter of Personal Restraint of Young
red
2 sentences1999In Young we applied the strict scrutiny test “to the Statute as a whole.” Young, 122 Wn.2d at 26 . 1999In Young we applied the strict scrutiny test "to the Statute as a whole." Young, 122 Wash.2d at 26 , 857 P.2d 989 . | 5 | 1999–2009 |
Carvin v. Britain
green
2 sentences2020In re Parentage of L.B., 155 Wn.2d 679, 710 , 122 P.3d 161 (2005). 2018Rather, in Washington, courts attempt to discern the best interests of the child.” L.B., 155 Wn.2d at 710 . | 4 | 2006–2020 |
In re the Welfare of C.B.
green
2 sentences2018In re Custody of Smith , 137 Wash.2d 1 , 15, 969 P.2d 21 (1998) ; In re Welfare of C.B. , 134 Wash. App. 336 , 342, 139 P.3d 1119 (2006) ; In re Parentage of C.A.M.A , 154 Wash.2d 52 , 57, 60-61, 109 P.3d 405 (2005). ¶ 52 Before terminating parental rights, the State must prove the following six statutory elements of RCW 13.34.180(1) by clear, cogent, and convincing evidence: (a) That the child has been found to be a dependent child; (b) That the court has entered a dispositional order pursuant to RCW 13.34.130 ; (c) That the child has been removed or will, at the time of the hearing, have bee 2018C.B. , 134 Wash. App. at 346 , 139 P.3d 1119 . ¶ 59 The termination statutes are narrowly tailored to ensure not only that the requisite harm to the child is not merely an abstract concept, but also that continuation of the parental relationship is a barrier to permanency. | 4 | 2018–2018 |
State v. Osman
green
2 sentences2025Osman, 157 Wn.2d at 484 ; Schaaf, 109 Wn.2d at 17 . 2007State v. Osman, 157 Wn.2d 474, 484 , 139 P.3d 334 (2006). | 3 | 2007–2025 |
In Re Parentage of LB
green
2 sentences2020In re Parentage of L.B., 155 Wn.2d 679, 710 , 122 P.3d 161 (2005). 2006In re Parentage of L.B., 155 Wn.2d 679, 710 , 122 P.3d 161 (2005). | 3 | 2006–2020 |
State v. Smith
green
2 sentences2005Smith, 117 Wn.2d at 277 (citing State v. Schaaf, 109 Wn.2d 1, 17 , 743 P.2d 240 (1987)); Phelan, 100 Wn.2d at 512 . 2005Smith, 117 Wash.2d at 277 , 814 P.2d 652 (citing State v. Schaaf, 109 Wash.2d 1, 17 , 743 P.2d 240 (1987)); Phelan, 100 Wash.2d at 512 , 671 P.2d 1212 . | 3 | 1997–2005 |
State v. Shawn P.
green
2 sentences2003The substantially identical equal protection clauses of United States Constitution, amendment XIV, section 1, and Washington Constitution, article I, section 12, require that “persons similarly situated with respect to the legitimate purpose of the law be similarly treated.” State v. Shawn P., 122 Wn.2d 553, 559-60 , 859 P.2d 1220 (1993). 2003The substantially identical equal protection clauses of United States Constitution, amendment XIV, section 1, and Washington Constitution, article I, section 12, require that “persons similarly situated with respect to the legitimate purpose of the law be similarly treated.” State v. Shawn P., 122 Wn.2d 553, 559-60 , 859 P.2d 1220 (1993). | 3 | 1998–2003 |
Nielsen v. Washington State Bar Ass'n
green
2 sentences1982State v. Smith, 93 Wn.2d 329 , 610 P.2d 869 (1980); Nielsen v. Washington State Bar Ass’n, 90 Wn.2d 818 , 585 P.2d 1191 (1978). 1982State v. Smith, 93 Wn.2d 329 , 610 P.2d 869 (1980); Nielsen v. Washington State Bar Ass’n, 90 Wn.2d 818 , 585 P.2d 1191 (1978). | 3 | 1980–1982 |
Franks v. State (In re M.-A.F.-S.)
green
2 sentences2025App. 2d 425 , 446, 421 P.3d 482 (2018). 2025App. 2d 425 , 446, 421 P.3d 482 (2018). | 2 | 2025–2025 |
In Re Welfare of CB
neutral
2 sentences2018In re Custody of Smith , 137 Wash.2d 1 , 15, 969 P.2d 21 (1998) ; In re Welfare of C.B. , 134 Wash. App. 336 , 342, 139 P.3d 1119 (2006) ; In re Parentage of C.A.M.A , 154 Wash.2d 52 , 57, 60-61, 109 P.3d 405 (2005). ¶ 52 Before terminating parental rights, the State must prove the following six statutory elements of RCW 13.34.180(1) by clear, cogent, and convincing evidence: (a) That the child has been found to be a dependent child; (b) That the court has entered a dispositional order pursuant to RCW 13.34.130 ; (c) That the child has been removed or will, at the time of the hearing, have bee 2018C.B. , 134 Wash. App. at 346 , 139 P.3d 1119 . ¶ 59 The termination statutes are narrowly tailored to ensure not only that the requisite harm to the child is not merely an abstract concept, but also that continuation of the parental relationship is a barrier to permanency. | 2 | 2018–2018 |
State v. Ward
green
2 sentences2017State v. Ward, 123 Wn.2d 488, 516 , 869 P.2d 1062 (1994). 2011“Where persons of different classes are treated differently, there is no equal protection violation.” Ward, 123 Wn.2d at 515 . ¶21 We review an allegedly discriminatory statutory classification affecting suspect classes under a strict scrutiny test. | 2 | 2011–2017 |
State v. Hirschfelder
green
2 sentences2016Id. 2016Id. 8 No. 48014-0-II Intermediate scrutiny applies for semi-suspect classifications and important rights. | 2 | 2016–2016 |
United States v. American Library Assn., Inc.
green
2 sentences2010The plurality in A.L.A. explained that the Court held in "analogous contexts that the government has broad discretion to make content-based judgments in deciding what private speech to make available to the public." A.L.A., 539 U.S. at 204 , 123 S.Ct. 2297 . 2010The plurality in A.L.A. explained that the Court held in “analogous contexts that the Government has broad discretion to make content-based judgments in deciding what private speech to make available to the public.” Id. at 204 . | 2 | 2010–2010 |
State v. Osman
green
2 sentences2007State v. Osman, 157 Wash.2d 474, 484 , 139 P.3d 334 (2006). 2007State v. Osman, 157 Wn.2d 474, 484 , 139 P.3d 334 (2006). | 2 | 2007–2007 |
State v. Manussier
green
2 sentences2006State v. Manussier, 129 Wash.2d 652, 672-73 , 921 P.2d 473 (1996), cert. denied, 520 U.S. 1201 , 117 S.Ct. 1563 , 137 L.Ed.2d 709 (1997). 2006State v. Manussier, 129 Wn.2d 652, 672-73 , 921 P.2d 473 (1996), cert. denied, 520 U.S. 1201 (1997). | 2 | 2006–2006 |
Troxel v. Granville
green
2 sentences2006As a result, the State’s interest in ensuring the best interest of the child is insufficient to meet the strict scrutiny standard. ¶10 To support his argument that the only interest that meets the strict scrutiny test is the State’s interest in preventing harm to the child, Mr. Momb relies on In re Custody of Smith, 137 Wn.2d 1 , 969 P.2d 21 (1998), the United States Supreme Court case affirming Smith’s companion case on narrower grounds, Troxel v. Granville, 530 U.S. 57 , 120 S. Ct. 2054 , 147 L. 2006As a result, the State’s interest in ensuring the best interest of the child is insufficient to meet the strict scrutiny standard. ¶10 To support his argument that the only interest that meets the strict scrutiny test is the State’s interest in preventing harm to the child, Mr. Momb relies on In re Custody of Smith, 137 Wn.2d 1 , 969 P.2d 21 (1998), the United States Supreme Court case affirming Smith’s companion case on narrower grounds, Troxel v. Granville, 530 U.S. 57 , 120 S. Ct. 2054 , 147 L. | 2 | 2006–2006 |
State v. Manussier
green
2 sentences2006State v. Manussier, 129 Wash.2d 652, 672-73 , 921 P.2d 473 (1996), cert. denied, 520 U.S. 1201 , 117 S.Ct. 1563 , 137 L.Ed.2d 709 (1997). 2006State v. Manussier, 129 Wn.2d 652, 672-73 , 921 P.2d 473 (1996), cert. denied, 520 U.S. 1201 (1997). | 2 | 2006–2006 |
Wright v. Cain
green
2 sentences2006State v. Manussier, 129 Wash.2d 652, 672-73 , 921 P.2d 473 (1996), cert. denied, 520 U.S. 1201 , 117 S.Ct. 1563 , 137 L.Ed.2d 709 (1997). 2006State v. Manussier, 129 Wn.2d 652, 672-73 , 921 P.2d 473 (1996), cert. denied, 520 U.S. 1201 (1997). | 2 | 2006–2006 |
Westerman v. Cary
green
2 sentences2005Id. 2005Id. | 2 | 2005–2005 |
| Qutb v. Strauss green | 2 | 2003–2003 |
| State v. JD green | 2 | 2003–2003 |
| Nunez v. City Of San Diego green | 2 | 2003–2003 |
| Daggs v. City of Seattle green | 2 | 2003–2003 |
| Plyler v. Doe green | 2 | 2003–2003 |
| State v. J.D. green | 2 | 2003–2003 |
| In re the Detention of Turay green | 2 | 2002–2002 |
| In Re Detention of Turay green | 2 | 2002–2002 |
| In Re the Welfare of Sumey green | 2 | 1998–2000 |
| Hunter v. North Mason School Dist. green | 2 | 1998–1998 |
| City of Seattle v. Pullman green | 2 | 1997–1997 |
| State v. Smith green | 2 | 1982–1982 |
| Murdock v. Pennsylvania green | 1 | 2026–2026 |
| Lawrence v. Texas green | 1 | 2024–2024 |
| Obergefell v. Hodges green | 1 | 2024–2024 |
| cluster 1741 green | 1 | 2023–2023 |
| National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. Patterson green | 1 | 2023–2023 |
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.