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8 Florida opinions name it 2 courts 1994–2007 0 in the last five years
The cases below were cited by Florida 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 |
|---|---|---|
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeahgreen2 sentences2004In reversing, the Ninth Circuit found that the statute lacked neutrality, implicated the free exercise interests articulated in Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 , 113 S.Ct. 2217 , 124 L.Ed.2d 472 (1993), and required strict scrutiny review. 2004In reversing, the Ninth Circuit found that the statute lacked neutrality, implicated the free exercise interests articulated in Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 , 113 S.Ct. 2217 , 124 L.Ed.2d 472 (1993), and required strict scrutiny review. | 1 | 2 |
Goodman v. Temple Shir Ami, Inc.green1 sentence2007Conference of Seventh-Day Adventists, 772 F.2d 1164 , 1169 (4th Cir.1985) (while it is important to determine if the employee holds a ministerial position, a court "may not then inquire whether the reason for [the ministerial employee's] rejection had some explicit grounding in theological belief" because "the free exercise clause of the First Amendment protects the act of a decision rather than a motivation behind it"); Powell v. Stafford, 859 F.Supp. 1343, 1348 (D.Col.1994) (concluding that the church did not have to prove that it terminated a ministerial employee for a "religious reason" be | 1 | 1 |
Powell v. Staffordgreen1 sentence2007Conference of Seventh-Day Adventists, 772 F.2d 1164 , 1169 (4th Cir.1985) (while it is important to determine if the employee holds a ministerial position, a court "may not then inquire whether the reason for [the ministerial employee's] rejection had some explicit grounding in theological belief" because "the free exercise clause of the First Amendment protects the act of a decision rather than a motivation behind it"); Powell v. Stafford, 859 F.Supp. 1343, 1348 (D.Col.1994) (concluding that the church did not have to prove that it terminated a ministerial employee for a "religious reason" be | 1 | 1 |
Malicki v. Doegreen1 sentence2006See Malicki v. Doe, 814 So.2d 347, 354 (Fla.2002) (explaining that "before the constitutional right to free exercise of religion is implicated, the threshold inquiry is whether the conduct sought to be regulated was `rooted in religious belief'" and that "in order to launch a free exercise challenge, it is necessary `to show the coercive effect of the enactment as it operates against [the individual] in the practice of his religion.'") (internal citations omitted). | 1 | 1 |
cluster 750720green1 sentence2002Thus, the Colorado Supreme Court has reasoned that "[i]n the spiritual counseling context, the free exercise clause is relevant only if the defendant can show that the conduct that allegedly caused plaintiff's distress was in fact `part of the belief and practices' of the religious group." Destefano, 763 P.2d at 283-84 ; see Sanders, 134 F.3d at 337-38 ; MacDonell, 696 A.2d at 702. | 1 | 1 |
Vernon v. City of Los Angelesgreen1 sentence2000Section 761.03, Florida Statutes provides that "the government shall not substantially burden a person's exercise of religion...." In Vernon v. City of Los Angeles, 27 F.3d 1385, 1393 (9th Cir.1994), the court explained that to show a free exercise violation, the religious adherent had the obligation to prove that a governmental action burdened the adherent's religious practice by pressuring him or her to commit an act forbidden by the religion or by preventing him or her from engaging in conduct or having a religious experience which the faith mandates. | 1 | 1 |
West Virginia State Board of Education v. Barnettegreen2 sentences1994The court said: The free exercise clause of the first amendment, which was made applicable to the states by virtue of the fourteenth amendment, Cantwell v. Connecicut, [sic] 310 U.S. 296 , 60 S.Ct. 900 , 84 L.Ed. 1213 (1940), provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof * *." (Emphasis added.) Freedom of religion has been declared a "fundamental right," West Virginia State Board of Education v. Barnette, 319 U.S. 624, 638 , 63 S.Ct. 1178, 1185-86 , 87 L.Ed. 1628, 1638 (1943), and occupies a "preferred position" in t 1994The court said: The free exercise clause of the first amendment, which was made applicable to the states by virtue of the fourteenth amendment, Cantwell v. Connecicut, [sic] 310 U.S. 296 , 60 S.Ct. 900 , 84 L.Ed. 1213 (1940), provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof * *." (Emphasis added.) Freedom of religion has been declared a "fundamental right," West Virginia State Board of Education v. Barnette, 319 U.S. 624, 638 , 63 S.Ct. 1178, 1185-86 , 87 L.Ed. 1628, 1638 (1943), and occupies a "preferred position" in t | 1 | 1 |
Murdock v. Pennsylvaniagreen2 sentences1994Follett v. Town of McCormick, 321 U.S. 573, 575 , 64 S.Ct. 717, 718 , 88 L.Ed. 938, 940 (1944), citing Murdock v. Pennsylvania, 319 U.S. 105, 115 , 63 S.Ct. 870, 876 , 87 L.Ed. 1292, 1300 (1943). ... . 1994Follett v. Town of McCormick, 321 U.S. 573, 575 , 64 S.Ct. 717, 718 , 88 L.Ed. 938, 940 (1944), citing Murdock v. Pennsylvania, 319 U.S. 105, 115 , 63 S.Ct. 870, 876 , 87 L.Ed. 1292, 1300 (1943). ... . | 1 | 1 |
Follett v. Town of McCormickgreen2 sentences1994Follett v. Town of McCormick, 321 U.S. 573, 575 , 64 S.Ct. 717, 718 , 88 L.Ed. 938, 940 (1944), citing Murdock v. Pennsylvania, 319 U.S. 105, 115 , 63 S.Ct. 870, 876 , 87 L.Ed. 1292, 1300 (1943). ... . 1994Follett v. Town of McCormick, 321 U.S. 573, 575 , 64 S.Ct. 717, 718 , 88 L.Ed. 938, 940 (1944), citing Murdock v. Pennsylvania, 319 U.S. 105, 115 , 63 S.Ct. 870, 876 , 87 L.Ed. 1292, 1300 (1943). ... . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rayburn v. General Conference Of Seventh-Day Adventists
green
1 sentence2007Conference of Seventh-Day Adventists, 772 F.2d 1164 , 1169 (4th Cir.1985) (while it is important to determine if the employee holds a ministerial position, a court "may not then inquire whether the reason for [the ministerial employee's] rejection had some explicit grounding in theological belief" because "the free exercise clause of the First Amendment protects the act of a decision rather than a motivation behind it"); Powell v. Stafford, 859 F.Supp. 1343, 1348 (D.Col.1994) (concluding that the church did not have to prove that it terminated a ministerial employee for a "religious reason" be | 1 | 2007–2007 |
Locke v. Davey
green
2 sentences2004Finally, based upon the recent United States Supreme Court decision in Locke v. Davey, 540 U.S. 712 , 124 S.Ct. 1307 , 158 L.Ed.2d 1 (2004), we hold that the no-aid provision does not violate the Free Exercise clause of the United States Constitution. 2004Finally, based upon the recent United States Supreme Court decision in Locke v. Davey, 540 U.S. 712 , 124 S.Ct. 1307 , 158 L.Ed.2d 1 (2004), we hold that the no-aid provision does not violate the Free Exercise clause of the United States Constitution. | 1 | 2004–2004 |
Davey v. Locke
green
1 sentence2004In arguing that the application of the no-aid provision violates the Free Exercise clause, appellants rely upon the recent decision of the Ninth Circuit Court of Appeals in Davey v. Locke, 299 F.3d 748 (9th Cir.2002), reversed sub nom Locke v. Davey , 124 S.Ct. at 1307 . | 1 | 2004–2004 |
Abington School Dist. v. Schempp
green
2 sentences2002Further, in order to launch a free exercise challenge, it is necessary "to show the coercive effect of the enactment as it operates against [the individual] in the practice of his religion." School Dist. v. Schempp, 374 U.S. 203, 223 , 83 S.Ct. 1560 , 10 L.Ed.2d 844 (1963). 2002Further, in order to launch a free exercise challenge, it is necessary "to show the coercive effect of the enactment as it operates against [the individual] in the practice of his religion." School Dist. v. Schempp, 374 U.S. 203, 223 , 83 S.Ct. 1560 , 10 L.Ed.2d 844 (1963). | 1 | 2002–2002 |
Destefano v. Grabrian
green
1 sentence2002Thus, the Colorado Supreme Court has reasoned that "[i]n the spiritual counseling context, the free exercise clause is relevant only if the defendant can show that the conduct that allegedly caused plaintiff's distress was in fact `part of the belief and practices' of the religious group." Destefano, 763 P.2d at 283-84 ; see Sanders, 134 F.3d at 337-38 ; MacDonell, 696 A.2d at 702. | 1 | 2002–2002 |
Hobbie v. Unemployment Appeals Comm'n of Fla.
green
2 sentences1995Hobbie v. Unemployment Appeals Comm'n of Fla., 480 U.S. 136 , 107 S.Ct. 1046 , 94 L.Ed.2d 190 (1987). 1995Hobbie v. Unemployment Appeals Comm'n of Fla., 480 U.S. 136 , 107 S.Ct. 1046 , 94 L.Ed.2d 190 (1987). | 1 | 1995–1995 |
Cantwell v. Connecticut
green
2 sentences1994The court said: The free exercise clause of the first amendment, which was made applicable to the states by virtue of the fourteenth amendment, Cantwell v. Connecicut, [sic] 310 U.S. 296 , 60 S.Ct. 900 , 84 L.Ed. 1213 (1940), provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof * *." (Emphasis added.) Freedom of religion has been declared a "fundamental right," West Virginia State Board of Education v. Barnette, 319 U.S. 624, 638 , 63 S.Ct. 1178, 1185-86 , 87 L.Ed. 1628, 1638 (1943), and occupies a "preferred position" in t 1994The court said: The free exercise clause of the first amendment, which was made applicable to the states by virtue of the fourteenth amendment, Cantwell v. Connecicut, [sic] 310 U.S. 296 , 60 S.Ct. 900 , 84 L.Ed. 1213 (1940), provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof * *." (Emphasis added.) Freedom of religion has been declared a "fundamental right," West Virginia State Board of Education v. Barnette, 319 U.S. 624, 638 , 63 S.Ct. 1178, 1185-86 , 87 L.Ed. 1628, 1638 (1943), and occupies a "preferred position" in t | 1 | 1994–1994 |
Sherbert v. Verner
green
2 sentences1994Only such a careful, systematic balancing of rights will insure the protections guaranteed by the first amendment and comply with the mandate of the United States Supreme Court in Sherbert v. Verner, 374 U.S. 398 , 83 S.Ct. 1790 , 10 L.Ed.2d 965 . ... . 1994Only such a careful, systematic balancing of rights will insure the protections guaranteed by the first amendment and comply with the mandate of the United States Supreme Court in Sherbert v. Verner, 374 U.S. 398 , 83 S.Ct. 1790 , 10 L.Ed.2d 965 . ... . | 1 | 1994–1994 |
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.