8 Indiana opinions name it 2 courts 1979–2010 0 in the last five years
The cases below were cited by Indiana 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 |
|---|---|---|
Attorney General v. Desiletsgreen2 sentences1998In Attorney General v. Desilets, 418 Mass. 316 , 636 N.E.2d 233, 235 (1994), the Massachusetts Supreme Court recognized that the free exercise clause of the Massachusetts Constitution, though almost identical to the free exercise clause of the United States Constitution, could be interpreted to provide more protection of religion than afforded by the Smith decision. 1998In Attorney General v. Desilets, 418 Mass. 316 , 636 N.E.2d 233, 235 (1994), the Massachusetts Supreme Court recognized that the free exercise clause of the Massachusetts Constitution, though almost identical to the free exercise clause of the United States Constitution, could be interpreted to provide more protection of religion than afforded by the Smith decision. | 2 | 2 |
Sherbert v. Vernergreen2 sentences1998See e.g., Sherbert v. Verner, 374 U.S. 398 , 83 S.Ct. 1790 , 10 L.Ed.2d 965 (1963). 1998See e.g., Sherbert v. Verner, 374 U.S. 398 , 83 S.Ct. 1790 , 10 L.Ed.2d 965 (1963). | 2 | 2 |
Employment Div., Dept. of Human Resources of Ore. v. Smithred2 sentences2003Justice Scalia specifically noted that the case presented "a free exercise claim unconnected with any communicative activity." Id. at 882 , 110 S.Ct. 1595 . 2003Justice Scalia specifically noted that the case presented "a free exercise claim unconnected with any communicative activity." Id. at 882 , 110 S.Ct. 1595 . | 1 | 4 |
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeahgreen2 sentences2005See, e.g., State v. Hodge, 248 Conn. 207 , 726 A.2d 531 , 553 n. 43 (1999) (citing Church of the Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520, 531-32 , 113 S.Ct. 2217 , 124 L.Ed.2d 472 (1993)) (for purposes of free exercise challenge, law restrictive of religious practice must be "narrowly tailored" to advance "compelling governmental interest"). . 2005See, e.g., State v. Hodge, 248 Conn. 207 , 726 A.2d 531 , 553 n. 43 (1999) (citing Church of the Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520, 531-32 , 113 S.Ct. 2217 , 124 L.Ed.2d 472 (1993)) (for purposes of free exercise challenge, law restrictive of religious practice must be "narrowly tailored" to advance "compelling governmental interest"). . | 1 | 3 |
McKelvey v. Piercegreen2 sentences2010Citing with approval the approach taken by the Tenth Cireuit Court of Appeals, see Bryce v. Episcopal Church, 289 F.3d 648 , 654 (10th Cir.2002) (treating a church's defense to claim of sexual harassment as a Rule 12(B)(6) motion to dismiss) and the New Jersey Supreme Court, see McKelvey v. Pierce, 173 N.J. 26 , 800 A.2d 840, 844 (2002) (noting that a church's motion for judgment on the pleadings effectively became a motion for summary judgment), this Court held, "the trial court erred in concluding that it lacked jurisdiction over this matter. 2010Citing with approval the approach taken by the Tenth Cireuit Court of Appeals, see Bryce v. Episcopal Church, 289 F.3d 648 , 654 (10th Cir.2002) (treating a church's defense to claim of sexual harassment as a Rule 12(B)(6) motion to dismiss) and the New Jersey Supreme Court, see McKelvey v. Pierce, 173 N.J. 26 , 800 A.2d 840, 844 (2002) (noting that a church's motion for judgment on the pleadings effectively became a motion for summary judgment), this Court held, "the trial court erred in concluding that it lacked jurisdiction over this matter. | 1 | 1 |
State v. Hodgegreen2 sentences2005See, e.g., State v. Hodge, 248 Conn. 207 , 726 A.2d 531 , 553 n. 43 (1999) (citing Church of the Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520, 531-32 , 113 S.Ct. 2217 , 124 L.Ed.2d 472 (1993)) (for purposes of free exercise challenge, law restrictive of religious practice must be "narrowly tailored" to advance "compelling governmental interest"). . 2005See, e.g., State v. Hodge, 248 Conn. 207 , 726 A.2d 531 , 553 n. 43 (1999) (citing Church of the Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520, 531-32 , 113 S.Ct. 2217 , 124 L.Ed.2d 472 (1993)) (for purposes of free exercise challenge, law restrictive of religious practice must be "narrowly tailored" to advance "compelling governmental interest"). . | 1 | 1 |
Bob Jones University v. United Statesgreen2 sentences1985See, Bob Jones University v. United States (1983), 461 U.S. 574 , 103 S.Ct. 2017 , 76 L.Ed.2d 157 ; United States v. Lee (1982), 455 U.S. 252 , 102 S.Ct. 1051 , 71 L.Ed.2d 127 ; Brandon, supra. Under the free exercise clause, appellants have the constitutional right to send their children to parochial schools. 1985See, Bob Jones University v. United States (1983), 461 U.S. 574 , 103 S.Ct. 2017 , 76 L.Ed.2d 157 ; United States v. Lee (1982), 455 U.S. 252 , 102 S.Ct. 1051 , 71 L.Ed.2d 127 ; Brandon, supra. Under the free exercise clause, appellants have the constitutional right to send their children to parochial schools. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bryce v. Episcopal Church In The Diocese Of Colorado
green
2 sentences2010Citing with approval the approach taken by the Tenth Cireuit Court of Appeals, see Bryce v. Episcopal Church, 289 F.3d 648 , 654 (10th Cir.2002) (treating a church's defense to claim of sexual harassment as a Rule 12(B)(6) motion to dismiss) and the New Jersey Supreme Court, see McKelvey v. Pierce, 173 N.J. 26 , 800 A.2d 840, 844 (2002) (noting that a church's motion for judgment on the pleadings effectively became a motion for summary judgment), this Court held, "the trial court erred in concluding that it lacked jurisdiction over this matter. 2010Citing with approval the approach taken by the Tenth Cireuit Court of Appeals, see Bryce v. Episcopal Church, 289 F.3d 648 , 654 (10th Cir.2002) (treating a church's defense to claim of sexual harassment as a Rule 12(B)(6) motion to dismiss) and the New Jersey Supreme Court, see McKelvey v. Pierce, 173 N.J. 26 , 800 A.2d 840, 844 (2002) (noting that a church's motion for judgment on the pleadings effectively became a motion for summary judgment), this Court held, "the trial court erred in concluding that it lacked jurisdiction over this matter. | 1 | 2010–2010 |
Brazauskas v. Fort Wayne-South Bend Diocese, Inc.
green
2 sentences2010However, in Brazauskas v. Fort Wayne-South Bend Diocese, Inc., 796 N.E.2d 286 (Ind.2003)-a case involving the dismissal of a former pastoral employee of the diocese and a claim that the First Amendment Free Exercise Clause shielded the employer's action-we addressed the appropriate procedure for seeking dismissal of a suit by asserting a Free Exercise Clause defense. 2010However, in Brazauskas v. Fort Wayne-South Bend Diocese, Inc., 796 N.E.2d 286 (Ind.2003)-a case involving the dismissal of a former pastoral employee of the diocese and a claim that the First Amendment Free Exercise Clause shielded the employer's action-we addressed the appropriate procedure for seeking dismissal of a suit by asserting a Free Exercise Clause defense. | 1 | 2010–2010 |
Brazauskas v. Fort Wayne-South Bend Diocese, Inc.
neutral
2 sentences2003Brazauskas, 755 N.E.2d at 207-08 . 4 They likewise urge us to hold that Ex Corde Ecclesiae forecloses court inquiry because under the First Amendment courts may neither interpret such documents nor penalize the practice of religion in fulfillment of the provisions of such a document. 2003Brazauskas, 755 N.E.2d at 207-08 . [4] They likewise urge us to hold that Ex Corde Ecclesiae forecloses court inquiry because under the First Amendment courts may neither interpret such documents nor penalize the practice of religion in fulfillment of the provisions of such a document. | 1 | 2003–2003 |
Wisconsin v. Yoder
green
2 sentences1985Wisconsin v. Yoder (1972), 406 U.S. 205 , 92 S.Ct. 1526 , 32 L.Ed.2d 15 . 1985Wisconsin v. Yoder (1972), 406 U.S. 205 , 92 S.Ct. 1526 , 32 L.Ed.2d 15 . | 1 | 1985–1985 |
United States v. Lee
green
2 sentences1985See, Bob Jones University v. United States (1983), 461 U.S. 574 , 103 S.Ct. 2017 , 76 L.Ed.2d 157 ; United States v. Lee (1982), 455 U.S. 252 , 102 S.Ct. 1051 , 71 L.Ed.2d 127 ; Brandon, supra. Under the free exercise clause, appellants have the constitutional right to send their children to parochial schools. 1985See, Bob Jones University v. United States (1983), 461 U.S. 574 , 103 S.Ct. 2017 , 76 L.Ed.2d 157 ; United States v. Lee (1982), 455 U.S. 252 , 102 S.Ct. 1051 , 71 L.Ed.2d 127 ; Brandon, supra. Under the free exercise clause, appellants have the constitutional right to send their children to parochial schools. | 1 | 1985–1985 |
Bureau of Motor Vehicles v. Pentecostal House of Prayer, Inc.
green
2 sentences1979This situation is clearly distinguishable from our recent case, Bureau of Motor Vehicles v. Pentecostal House of Prayer, Inc., (1978) Ind., 380 N.E.2d 1225 , in which the Indiana Supreme Court found Ind. Code § 9-1-4-37 (b) (Burns Supp. 1977) to be an unconstitutional infringement of the Free Exercise clause of the First Amendment of the United States Constitution and of Art. 1 § 2 of the Indiana Constitution. 1979This situation is clearly distinguishable from our recent case, Bureau of Motor Vehicles v. Pentecostal House of Prayer, Inc., (1978) Ind., 380 N.E.2d 1225 , in which the Indiana Supreme Court found Ind. Code § 9-1 — 4-37(b) (Burns Supp.1977) to be an unconstitutional infringement of the Free Exercise clause of the First Amendment of the United States Constitution and of Art. 1 § 2 of the Indiana Constitution. | 1 | 1979–1979 |
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.