compelling interest test (Texas) · Go Syfert
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compelling interest test in Texas

12 Texas opinions name it 3 courts 1995–2025 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 (5)

CaseFollowedCited
Gonzales v. O Centro Espírita Beneficente União Do Vegetalgreen
scotus · 2006 · cited in 4 Texas opinions naming this issue, 2014–2025
2 sentences

2025The statute “requires the Government to demonstrate that the compelling interest test is satisfied through application of the challenged law ‘to the person’—the particular claimant whose sincere exercise of religion is being substantially burdened.” Id. (quoting O Centro Espírita, 546 U.S. at 430-31).

2025As we have confirmed, “RFRA requires that ‘courts should strike sensible balances, pursuant to a compelling interest test that requires the Government to address the particular practice at issue.’ ” Barr v. City of Sinton, 295 S.W.3d 287, 306 (Tex. 2009) (quoting Gonzales v. O Centro Espírita Beneficente União do Vegetal, 546 U.S. 418, 439 (2006)) (finding “no basis for distinguishing” between RFRA and its federal counterpart in this regard).

24
Barr v. City of Sintongreen
tex · 2009 · cited in 2 Texas opinions naming this issue, 2025–2025
2 sentences

2025As we have confirmed, “RFRA requires that ‘courts should strike sensible balances, pursuant to a compelling interest test that requires the Government to address the particular practice at issue.’ ” Barr v. City of Sinton, 295 S.W.3d 287, 306 (Tex. 2009) (quoting Gonzales v. O Centro Espírita Beneficente União do Vegetal, 546 U.S. 418, 439 (2006)) (finding “no basis for distinguishing” between RFRA and its federal counterpart in this regard).

2025As we have confirmed, “RFRA requires that ‘courts should strike sensible balances, pursuant to a compelling interest test that requires the Government to address the particular practice at issue.’ ” Barr v. City of Sinton, 295 S.W.3d 287, 306 (Tex. 2009) (quoting Gonzales v. O Centro Espírita Beneficente União do Vegetal, 546 U.S. 418, 439 (2006)) (finding “no basis for distinguishing” between RFRA and its federal counterpart in this regard).

22
Richardson v. Greengreen
tex · 1984 · cited in 2 Texas opinions naming this issue, 1998–1998
2 sentences

1998See Richardson v. Green, 677 S.W.2d 497, 500 (Tex.1984). [4] Delvecceo is not the first parent to argue that endangerment must be established as an independent proposition and cannot be inferred from evidence of parental misconduct alone.

1998See Richardson v. Green, 677 S.W.2d 497, 500 (Tex.1984). 4 Delvecceo is not the first parent to argue that endangerment must be established as an independent proposition and cannot be inferred from evidence of parental misconduct alone.

22
City of Boerne v. Floresyellow
scotus · 1997 · cited in 2 Texas opinions naming this issue, 2000–2001
2 sentences

2001See City of Boerne v. Flores , 521 U.S. 507 . 536 (1997). 4 Chapter 110 of the Texas Civil Practice and Remedies Code, enacted in 1999, provides that "a government agency may not substantially burden a person's free exercise of religion" unless the government agency demonstrates that application of the burden "is in furtherance of a compelling governmental interest" and "is the least restrictive means of furthering that interest." Tex. Civ.

2001In response to Smith, Congress enacted the Religious Freedom Restoration Act of 1993 to "restore the compelling interest test as set forth in [prior Supreme Court cases] and to guarantee its application in all cases where free exercise of religion is substantially burdened." 42 U.S.C. § 2000bb (b)(1) (1994); however, in 1997 the Supreme Court held in City of Boerne v. Flores, 521 U.S. 507 (1997), that Congress had exceeded its enforcement powers under the Fourteenth Amendment with the enactment of the Religious Freedom Restoration Act.

12
Sossamon v. Texasgreen
scotus · 2011 · cited in 1 Texas opinions naming this issue, 2014–2014
2 sentences

2014In response, Congress enacted the Religious Freedom Restoration Act of 1993 (the RFRA), 42 U.S.C.A. §§ 2000bb-2000bb-4 (West 2012), with which it intended to "restore the compelling interest test as set forth in Sherbert v. Venter, 374 U.S. 398 , 83 S.Ct. 1790 , 10 L.Ed.2d 965 (1963) and Wisconsin v. Yoder, 406 U.S. 205 , 92 S.Ct. 1526 , 32 L.Ed.2d 15 (1972) ... in all cases where free exercise of religion is substantially burdened.” § 2000bb(b)(l); see also Sossamon v. Texas, —— U.S. -, 131 S.Ct. 1651, 1655-56 , 179 L.Ed.2d 700 (2011).

2014In response, Congress enacted the Religious Freedom Restoration Act of 1993 (the RFRA), 42 U.S.C.A. §§ 2000bb-2000bb-4 (West 2012), with which it intended to "restore the compelling interest test as set forth in Sherbert v. Venter, 374 U.S. 398 , 83 S.Ct. 1790 , 10 L.Ed.2d 965 (1963) and Wisconsin v. Yoder, 406 U.S. 205 , 92 S.Ct. 1526 , 32 L.Ed.2d 15 (1972) ... in all cases where free exercise of religion is substantially burdened.” § 2000bb(b)(l); see also Sossamon v. Texas, —— U.S. -, 131 S.Ct. 1651, 1655-56 , 179 L.Ed.2d 700 (2011).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (10)

CaseCitedYears
Sherbert v. Verner yellow
scotus · 1963
2 sentences

2014In response, Congress enacted the Religious Freedom Restoration Act of 1993 (the RFRA), 42 U.S.C.A. §§ 2000bb-2000bb-4 (West 2012), with which it intended to "restore the compelling interest test as set forth in Sherbert v. Venter, 374 U.S. 398 , 83 S.Ct. 1790 , 10 L.Ed.2d 965 (1963) and Wisconsin v. Yoder, 406 U.S. 205 , 92 S.Ct. 1526 , 32 L.Ed.2d 15 (1972) ... in all cases where free exercise of religion is substantially burdened.” § 2000bb(b)(l); see also Sossamon v. Texas, —— U.S. -, 131 S.Ct. 1651, 1655-56 , 179 L.Ed.2d 700 (2011).

2014In response, Congress enacted the Religious Freedom Restoration Act of 1993 (the RFRA), 42 U.S.C.A. §§ 2000bb-2000bb-4 (West 2012), with which it intended to "restore the compelling interest test as set forth in Sherbert v. Venter, 374 U.S. 398 , 83 S.Ct. 1790 , 10 L.Ed.2d 965 (1963) and Wisconsin v. Yoder, 406 U.S. 205 , 92 S.Ct. 1526 , 32 L.Ed.2d 15 (1972) ... in all cases where free exercise of religion is substantially burdened.” § 2000bb(b)(l); see also Sossamon v. Texas, —— U.S. -, 131 S.Ct. 1651, 1655-56 , 179 L.Ed.2d 700 (2011).

32000–2014
Wisconsin v. Yoder green
scotus · 1972
2 sentences

2014In response, Congress enacted the Religious Freedom Restoration Act of 1993 (the RFRA), 42 U.S.C.A. §§ 2000bb-2000bb-4 (West 2012), with which it intended to "restore the compelling interest test as set forth in Sherbert v. Venter, 374 U.S. 398 , 83 S.Ct. 1790 , 10 L.Ed.2d 965 (1963) and Wisconsin v. Yoder, 406 U.S. 205 , 92 S.Ct. 1526 , 32 L.Ed.2d 15 (1972) ... in all cases where free exercise of religion is substantially burdened.” § 2000bb(b)(l); see also Sossamon v. Texas, —— U.S. -, 131 S.Ct. 1651, 1655-56 , 179 L.Ed.2d 700 (2011).

2014In response, Congress enacted the Religious Freedom Restoration Act of 1993 (the RFRA), 42 U.S.C.A. §§ 2000bb-2000bb-4 (West 2012), with which it intended to "restore the compelling interest test as set forth in Sherbert v. Venter, 374 U.S. 398 , 83 S.Ct. 1790 , 10 L.Ed.2d 965 (1963) and Wisconsin v. Yoder, 406 U.S. 205 , 92 S.Ct. 1526 , 32 L.Ed.2d 15 (1972) ... in all cases where free exercise of religion is substantially burdened.” § 2000bb(b)(l); see also Sossamon v. Texas, —— U.S. -, 131 S.Ct. 1651, 1655-56 , 179 L.Ed.2d 700 (2011).

22000–2014
Adarand Constructors, Inc. v. Pena green
scotus · 1995
2 sentences

2017Cf. Gonzales v. O Centro Beneficente Uniao do Vegetal, 546 U.S. 418, 431-32 , 126 S.Ct. 1211 , 163 L.Ed.2d 1017 (2006) (recognizing that in applying the compelling-interest test "context matters” and "relevant differences” should be taken into account (quoting Grutter v. Bollinger, 539 U.S. 306, 327 , 123 S.Ct. 2325 , 156 L.Ed.2d 304 (2003), and Adarand Constructors, Inc. v. Peña, 515 U.S. 200, 228 , 115 S.Ct. 2097 , 132 L.Ed.2d 158 (1995))). .

2017Cf. Gonzales v. O Centro Beneficente Uniao do Vegetal, 546 U.S. 418, 431-32 , 126 S.Ct. 1211 , 163 L.Ed.2d 1017 (2006) (recognizing that in applying the compelling-interest test "context matters” and "relevant differences” should be taken into account (quoting Grutter v. Bollinger, 539 U.S. 306, 327 , 123 S.Ct. 2325 , 156 L.Ed.2d 304 (2003), and Adarand Constructors, Inc. v. Peña, 515 U.S. 200, 228 , 115 S.Ct. 2097 , 132 L.Ed.2d 158 (1995))). .

12017–2017
Grutter v. Bollinger red
scotus · 2003
2 sentences

2017Cf. Gonzales v. O Centro Beneficente Uniao do Vegetal, 546 U.S. 418, 431-32 , 126 S.Ct. 1211 , 163 L.Ed.2d 1017 (2006) (recognizing that in applying the compelling-interest test "context matters” and "relevant differences” should be taken into account (quoting Grutter v. Bollinger, 539 U.S. 306, 327 , 123 S.Ct. 2325 , 156 L.Ed.2d 304 (2003), and Adarand Constructors, Inc. v. Peña, 515 U.S. 200, 228 , 115 S.Ct. 2097 , 132 L.Ed.2d 158 (1995))). .

2017Cf. Gonzales v. O Centro Beneficente Uniao do Vegetal, 546 U.S. 418, 431-32 , 126 S.Ct. 1211 , 163 L.Ed.2d 1017 (2006) (recognizing that in applying the compelling-interest test "context matters” and "relevant differences” should be taken into account (quoting Grutter v. Bollinger, 539 U.S. 306, 327 , 123 S.Ct. 2325 , 156 L.Ed.2d 304 (2003), and Adarand Constructors, Inc. v. Peña, 515 U.S. 200, 228 , 115 S.Ct. 2097 , 132 L.Ed.2d 158 (1995))). .

12017–2017
Schall v. Martin green
scotus · 1984
2 sentences

2016United States v. Salerno, 481 U.S. 739, 746-52 , 107 S.Ct. 2095, 2101-104 , 95 L.Ed.2d 697 (1987) (applying the compelling interest test); Schall v. Mar tin, 467 U.S. 253, 263 , 104 S.Ct. 2403, 2409 , 81 L.Ed.2d 207 (1984).

2016United States v. Salerno, 481 U.S. 739, 746-52 , 107 S.Ct. 2095, 2101-104 , 95 L.Ed.2d 697 (1987) (applying the compelling interest test); Schall v. Mar tin, 467 U.S. 253, 263 , 104 S.Ct. 2403, 2409 , 81 L.Ed.2d 207 (1984).

12016–2016
United States v. Salerno green
scotus · 1987
2 sentences

2016United States v. Salerno, 481 U.S. 739, 746-52 , 107 S.Ct. 2095, 2101-104 , 95 L.Ed.2d 697 (1987) (applying the compelling interest test); Schall v. Mar tin, 467 U.S. 253, 263 , 104 S.Ct. 2403, 2409 , 81 L.Ed.2d 207 (1984).

2016United States v. Salerno, 481 U.S. 739, 746-52 , 107 S.Ct. 2095, 2101-104 , 95 L.Ed.2d 697 (1987) (applying the compelling interest test); Schall v. Mar tin, 467 U.S. 253, 263 , 104 S.Ct. 2403, 2409 , 81 L.Ed.2d 207 (1984).

12016–2016
Cantwell v. Connecticut green
scotus · 1940
2 sentences

2014Spicer argues a statute that impacts his rights under the Free Exercise Clause must be strictly scrutinized and “upheld only if it is precisely tailored to further a compelling government interest.” We con- *541 elude that, assuming the compelling-interest standard applies to Spicer’s First Amendment claim, he has failed to establish the exemption in section 201.066 of the TUCA violates his right to freely exercise his religion. 11 The Free Exercise Clause, which has been made applicable to the States by the Fourteenth Amendment, Cantwell v. Connecticut, 310 U.S. 296, 303 , 60 S.Ct. 900 , 84 L

2014Spicer argues a statute that impacts his rights under the Free Exercise Clause must be strictly scrutinized and “upheld only if it is precisely tailored to further a compelling government interest.” We con- *541 elude that, assuming the compelling-interest standard applies to Spicer’s First Amendment claim, he has failed to establish the exemption in section 201.066 of the TUCA violates his right to freely exercise his religion. 11 The Free Exercise Clause, which has been made applicable to the States by the Fourteenth Amendment, Cantwell v. Connecticut, 310 U.S. 296, 303 , 60 S.Ct. 900 , 84 L

12014–2014
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah green
scotus · 1993
1 sentence

2001In response to Smith, Congress enacted the Religious Freedom Restoration Act of 1993 to “restore the compelling interest test as set forth in [prior Supreme Court cases] and to (continued...) Mr. Randall S. James - Page 8 (JC-0417) More specifically, a case which we believe makes clear that chapter 154 does not violate the Free Exercise Clause is Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 (1993)?

12001–2001
Houston Chronicle Publishing Co. v. City of Houston green
texapp · 1981
1 sentence

1995City of Angeles Mission Church v. City of Houston, 716 F. Supp. 982 , 986 (S.D.Tex. 1989); Houston Chronicle Publishing Co. v. City of Houston, 620 S.W.2d 833 , 838 (Tex.Civ.App.-Houston [14th Dist.] 1981, no writ).

11995–1995
City of Angeles Mission Church v. City of Houston green
txsd · 1989
1 sentence

1995City of Angeles Mission Church v. City of Houston, 716 F. Supp. 982 , 986 (S.D.Tex. 1989); Houston Chronicle Publishing Co. v. City of Houston, 620 S.W.2d 833 , 838 (Tex.Civ.App.-Houston [14th Dist.] 1981, no writ).

11995–1995

Where else courts name it

CA 33 (1971–2026) WA 19 (1973–2020) TX 12 (1995–2025) IL 10 (1974–2021) NJ 7 (1979–1997) OH 6 (1995–2017) NY 6 (1971–2007) VT 5 (1985–2017) MI 5 (1971–1996) TN 5 (1974–2026) ID 4 (2013–2018) NM 4 (2013–2013) WI 3 (1995–2026) VA 3 (1997–2023) ND 3 (2003–2003) CO 3 (1976–2005) DC 3 (1978–2020) FL 3 (2002–2006) MN 3 (1991–1995) IA 3 (1976–2012) CT 2 (2006–2008) NH 2 (2010–2020) MA 2 (1994–2003) IN 2 (1972–2006) WY 2 (1972–2000) HI 2 (2007–2009) WV 2 (1980–1980) UT 2 (2006–2015) PA 2 (1992–2004) AZ 2 (1985–2001) MS 2 (1995–1998)

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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