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

10 Illinois opinions name it 2 courts 1974–2021 1 in the last five years

The cases below were cited by Illinois 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 (2)

CaseFollowedCited
Sherbert v. Vernergreen
scotus · 1963 · cited in 3 Illinois opinions naming this issue, 2002–2021
2 sentences

2021The Court rejected their free-exercise claims, ruling: “[T]he right of free exercise does not relieve an individual of the obligation to comply with a ‘valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes).’ ” Id. at 879 (quoting United States v. Lee, 455 U.S. 252 , 263 n.3 (1982) (Stevens, J., concurring)). ¶ 62 Congress responded in 1993 with the enactment of the Religious Freedom Restoration Act of 1993 (Religious Freedom Restoration Act) (42 U.S.C. § 2000bb(b) (1994)) “to restore the compell

2021XIV, § 5) by applying the law to the states. ¶ 63 The Illinois legislature, in turn, responded in 1998 with its enactment of the Religious Freedom Act: “(1) To restore the compelling interest test as set forth in Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v. Verner, 374 U.S. 398 (1963), and to guarantee that a test of compelling governmental interest will be imposed on all State and local (including home rule unit) laws, ordinances, policies, procedures, practices, and governmental actions in all cases in which the free exercise of religion is substantially burdened [as well as] (2)

23
City of Boerne v. Floresred
scotus · 1997 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021The Court rejected their free-exercise claims, ruling: “[T]he right of free exercise does not relieve an individual of the obligation to comply with a ‘valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes).’ ” Id. at 879 (quoting United States v. Lee, 455 U.S. 252 , 263 n.3 (1982) (Stevens, J., concurring)). ¶ 62 Congress responded in 1993 with the enactment of the Religious Freedom Restoration Act of 1993 (Religious Freedom Restoration Act) (42 U.S.C. § 2000bb(b) (1994)) “to restore the compell

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (11)

CaseCitedYears
Wisconsin v. Yoder green
scotus · 1972
2 sentences

2021The Court rejected their free-exercise claims, ruling: “[T]he right of free exercise does not relieve an individual of the obligation to comply with a ‘valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes).’ ” Id. at 879 (quoting United States v. Lee, 455 U.S. 252 , 263 n.3 (1982) (Stevens, J., concurring)). ¶ 62 Congress responded in 1993 with the enactment of the Religious Freedom Restoration Act of 1993 (Religious Freedom Restoration Act) (42 U.S.C. § 2000bb(b) (1994)) “to restore the compell

2021XIV, § 5) by applying the law to the states. ¶ 63 The Illinois legislature, in turn, responded in 1998 with its enactment of the Religious Freedom Act: “(1) To restore the compelling interest test as set forth in Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v. Verner, 374 U.S. 398 (1963), and to guarantee that a test of compelling governmental interest will be imposed on all State and local (including home rule unit) laws, ordinances, policies, procedures, practices, and governmental actions in all cases in which the free exercise of religion is substantially burdened [as well as] (2)

31999–2021
Bowen v. Roy green
scotus · 1986
2 sentences

2002The Court declined to apply a compelling-interest test and further declined to recognize a free exercise claim based on the government’s use of the social security number to administer the program, stating that the free exercise clause “affords an individual protection from certain forms of governmental compulsion [but] does not afford an individual a right to dictate the conduct of the [government's internal procedures.” Bowen, 476 U.S. at 700 , 90 L.

2002The Court declined to apply a compelling-interest test and further declined to recognize a free exercise claim based on the government’s use of the social security number to administer the program, stating that the free exercise clause “affords an individual protection from certain forms of governmental compulsion [but] does not afford an individual a right to dictate the conduct of the [government's internal procedures.” Bowen, 476 U.S. at 700 , 90 L.

22002–2002
People Ex Rel. Carey v. Chrastka green
ill · 1980
2 sentences

1998Chrastka, 83 Ill.2d at 81 , 46 Ill.Dec. 156 , 413 N.E.2d 1269 .

1998Chrastka, 83 Ill.2d at 81 , 46 Ill.Dec. 156 , 413 N.E.2d 1269 .

21998–1998
Employment Div., Dept. of Human Resources of Ore. v. Smith red
scotus · 1990
1 sentence

2021The Court rejected their free-exercise claims, ruling: “[T]he right of free exercise does not relieve an individual of the obligation to comply with a ‘valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes).’ ” Id. at 879 (quoting United States v. Lee, 455 U.S. 252 , 263 n.3 (1982) (Stevens, J., concurring)). ¶ 62 Congress responded in 1993 with the enactment of the Religious Freedom Restoration Act of 1993 (Religious Freedom Restoration Act) (42 U.S.C. § 2000bb(b) (1994)) “to restore the compell

12021–2021
Diggs v. Snyder green
illappct · 2002
1 sentence

2021Id. § 15.

12021–2021
United States v. Lee green
scotus · 1982
1 sentence

2021The Court rejected their free-exercise claims, ruling: “[T]he right of free exercise does not relieve an individual of the obligation to comply with a ‘valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes).’ ” Id. at 879 (quoting United States v. Lee, 455 U.S. 252 , 263 n.3 (1982) (Stevens, J., concurring)). ¶ 62 Congress responded in 1993 with the enactment of the Religious Freedom Restoration Act of 1993 (Religious Freedom Restoration Act) (42 U.S.C. § 2000bb(b) (1994)) “to restore the compell

12021–2021
First Nat. Bank of Boston v. Bellotti green
scotus · 1978
2 sentences

1988First, to meet a compelling-interest test, the State must usually show not only that its asserted interest is "compelling," but also that its restriction is "narrowly tailored" to serve that interest. ( First National Bank v. Bellotti (1978), 435 U.S. 765, 786 , 55 L.Ed.2d 707, 724 , 98 S.Ct. 1407, 1421 .) There can be no question that an interest in preventing child abuse is compelling.

1988First, to meet a compelling-interest test, the State must usually show not only that its asserted interest is "compelling," but also that its restriction is "narrowly tailored" to serve that interest. ( First National Bank v. Bellotti (1978), 435 U.S. 765, 786 , 55 L.Ed.2d 707, 724 , 98 S.Ct. 1407, 1421 .) There can be no question that an interest in preventing child abuse is compelling.

11988–1988
Globe Newspaper Co. v. Superior Court, County of Norfolk green
scotus · 1982
2 sentences

1988(See, e.g., Globe Newspaper Co. v. Superior Court (1982), 457 U.S. 596 , 73 L.Ed.2d 248 , 102 S.Ct. 2613 .) The true question is whether the interest in preventing such abuse can only be served by a ban on private possession.

1988(See, e.g., Globe Newspaper Co. v. Superior Court (1982), 457 U.S. 596 , 73 L.Ed.2d 248 , 102 S.Ct. 2613 .) The true question is whether the interest in preventing such abuse can only be served by a ban on private possession.

11988–1988
Shapiro v. Thompson green
scotus · 1969
2 sentences

1976Ed. 2d 600 , 89 S. Ct. 1322 .) The compelling interest standard is not limited in application to those cases involving “suspect classifications”; for whenever a fundamental interest is impaired, the courts will demand a more convincing showing that the classification is necessary to achieve the State objective.

1976(Shapiro v. Thompson (1969), 394 U.S. 618, 638 , 22 L.

11976–1976
United States Civil Service Commission v. National Ass'n of Letter Carriers green
scotus · 1973
1 sentence

1974Ed. 2d 796 , 93 S. Ct. 2880 .) The compelling-interest test is applied in cases where the limitations impose a real and appreciable impact on the exercise of the voting franchise.

11974–1974
Bullock v. Carter green
scotus · 1972
2 sentences

1974Bullock v. Carter, 405 U.S. 134 , 31 L.

1974Bullock v. Carter, 405 U.S. 134 , 31 L.

11974–1974

Statutes the citing opinions construe

IL § 775 ILCS 35/1 (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 32 (1971–2026) WA 19 (1973–2020) TX 12 (1995–2025) IL 10 (1974–2021) NJ 7 (1979–1997) NY 6 (1971–2007) OH 6 (1995–2017) MI 5 (1971–1996) VT 5 (1985–2017) NM 4 (2013–2013) ID 4 (2013–2018) MN 3 (1991–1995) FL 3 (2002–2006) ND 3 (2003–2003) TN 3 (1974–2026) IA 3 (1976–2012) WI 3 (1995–2026) DC 3 (1978–2020) CO 2 (1996–2005) WY 2 (1972–2000) WV 2 (1980–1980) MA 2 (1994–2003) PA 2 (1992–2004) NH 2 (2010–2020) CT 2 (2006–2008) AZ 2 (1985–2001) IN 2 (1972–2006) VA 2 (1997–2005) MS 2 (1995–1998) UT 2 (2006–2015) HI 2 (2007–2009)

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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