compelling state interest test (Arizona) · Go Syfert
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compelling state interest test in Arizona

7 Arizona opinions name it 2 courts 1986–2009 0 in the last five years

The cases below were cited by Arizona 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 (9)

CaseFollowedCited
Employment Div., Dept. of Human Resources of Ore. v. Smithred
scotus · 1990 · cited in 3 Arizona opinions naming this issue, 2007–2008
2 sentences

2008We also note that in Smith II , the Court rejected the compelling state interest test outside the unemployment compensation field and held it would not apply to require exemptions for a generally applicable criminal law. 494 U.S. at 884 , 110 S.Ct. 1595 .

2008We also note that in Smith II , the Court rejected the compelling state interest test outside the unemployment compensation field and held it would not apply to require exemptions for a generally applicable criminal law. 494 U.S. at 884 , 110 S.Ct. 1595 .

23
Cude v. Stategreen
ark · 1964 · cited in 2 Arizona opinions naming this issue, 2007–2007
2 sentences

2007And it is doubtful that Smith — in which the Supreme Court generally rejected the strict scrutiny test for neutral laws of general applicability that incidentally burden religion, 494 U.S. at 878, 883 , 110 S.Ct. at 1599-1602 — has "reaffirmed" a compelling state interest requirement when a parent challenges a decision that affects her religious interests, ¶ 22, supra. See, e.g., Leebaert v. Harrington, 332 F.3d 134, 143-44 (2d Cir.2003) ( Smith's "hybrid claims" language dicta; parent's religious objection to mandatory health education subject to rational basis review); Douglas County v. Anay

2007And it is doubtful that Smith — in which the Supreme Court generally rejected the strict scrutiny test for neutral laws of general applicability that incidentally burden religion, 494 U.S. at 878, 883 , 110 S.Ct. at 1599-1602 — has "reaffirmed" a compelling state interest requirement when a parent challenges a decision that affects her religious interests, ¶ 22, supra. See, e.g., Leebaert v. Harrington, 332 F.3d 134, 143-44 (2d Cir.2003) ( Smith's "hybrid claims" language dicta; parent's religious objection to mandatory health education subject to rational basis review); Douglas County v. Anay

22
Leebaert v. Harringtongreen
ca2 · 2003 · cited in 2 Arizona opinions naming this issue, 2007–2007
2 sentences

2007And it is doubtful that Smith—in which the Supreme Court generally rejected the strict scrutiny test for neutral laws of general applicability that incidentally burden religion, 494 U.S. at 878, 883 , 110 S. Ct. at 1599-1602—has “reaffirmed” a compelling state interest requirement when a parent challenges a decision that affects her religious interests, ¶ 22, supra. See, e.g., Leebaert v. Harrington, 332 F.3d 134, 143-44 (2d Cir. 2003) (Smith’s “hybrid claims” language dicta; parent’s religious objection to mandatory health education subject to rational basis review); Douglas County v. Anaya,

2007And it is doubtful that Smith — in which the Supreme Court generally rejected the strict scrutiny test for neutral laws of general applicability that incidentally burden religion, 494 U.S. at 878, 883 , 110 S.Ct. at 1599-1602 — has "reaffirmed" a compelling state interest requirement when a parent challenges a decision that affects her religious interests, ¶ 22, supra. See, e.g., Leebaert v. Harrington, 332 F.3d 134, 143-44 (2d Cir.2003) ( Smith's "hybrid claims" language dicta; parent's religious objection to mandatory health education subject to rational basis review); Douglas County v. Anay

22
Douglas County v. Anayagreen
neb · 2005 · cited in 2 Arizona opinions naming this issue, 2007–2007
2 sentences

2007And it is doubtful that Smith — in which the Supreme Court generally rejected the strict scrutiny test for neutral laws of general applicability that incidentally burden religion, 494 U.S. at 878, 883 , 110 S.Ct. at 1599-1602 — has "reaffirmed" a compelling state interest requirement when a parent challenges a decision that affects her religious interests, ¶ 22, supra. See, e.g., Leebaert v. Harrington, 332 F.3d 134, 143-44 (2d Cir.2003) ( Smith's "hybrid claims" language dicta; parent's religious objection to mandatory health education subject to rational basis review); Douglas County v. Anay

2007And it is doubtful that Smith — in which the Supreme Court generally rejected the strict scrutiny test for neutral laws of general applicability that incidentally burden religion, 494 U.S. at 878, 883 , 110 S.Ct. at 1599-1602 — has "reaffirmed" a compelling state interest requirement when a parent challenges a decision that affects her religious interests, ¶ 22, supra. See, e.g., Leebaert v. Harrington, 332 F.3d 134, 143-44 (2d Cir.2003) ( Smith's "hybrid claims" language dicta; parent's religious objection to mandatory health education subject to rational basis review); Douglas County v. Anay

22
Boone v. Boozmangreen
ared · 2002 · cited in 2 Arizona opinions naming this issue, 2007–2007
2 sentences

2007And it is doubtful that Smith—in which the Supreme Court generally rejected the strict scrutiny test for neutral laws of general applicability that incidentally burden religion, 494 U.S. at 878, 883 , 110 S. Ct. at 1599-1602—has “reaffirmed” a compelling state interest requirement when a parent challenges a decision that affects her religious interests, ¶ 22, supra. See, e.g., Leebaert v. Harrington, 332 F.3d 134, 143-44 (2d Cir. 2003) (Smith’s “hybrid claims” language dicta; parent’s religious objection to mandatory health education subject to rational basis review); Douglas County v. Anaya,

2007And it is doubtful that Smith — in which the Supreme Court generally rejected the strict scrutiny test for neutral laws of general applicability that incidentally burden religion, 494 U.S. at 878, 883 , 110 S.Ct. at 1599-1602 — has "reaffirmed" a compelling state interest requirement when a parent challenges a decision that affects her religious interests, ¶ 22, supra. See, e.g., Leebaert v. Harrington, 332 F.3d 134, 143-44 (2d Cir.2003) ( Smith's "hybrid claims" language dicta; parent's religious objection to mandatory health education subject to rational basis review); Douglas County v. Anay

22
Bryan v. Bryangreen
arizctapp · 1982 · cited in 1 Arizona opinions naming this issue, 2007–2007
2 sentences

2007Ark. 2002) (noting Smith included compulsory immunization of children as example of state action that should not be subject to compelling interest test; citing Smith, 494 U.S. at 888-89 , 110 S. Ct. at 1605-06 ; Cude v. State, 377 S.W.2d 816, 818-20 (Ark. 1964)). 29 the state; it is the same interest identified by the Supreme Court in Yoder and Prince and by our supreme court in Cochise County No. 5666-J. ¶50 But, pursuant to § 8-531(4), ADES as Cheyenne’s custodian now stands “in loco parentis” to Cheyenne—that is, “in the place of a parent.” Black’s Law Dictionary 803 (8th ed. 2004) (“Of, re

2007Ark. 2002) (noting Smith included compulsory immunization of children as example of state action that should not be subject to compelling interest test; citing Smith, 494 U.S. at 888-89 , 110 S. Ct. at 1605-06 ; Cude v. State, 377 S.W.2d 816, 818-20 (Ark. 1964)). 29 the state; it is the same interest identified by the Supreme Court in Yoder and Prince and by our supreme court in Cochise County No. 5666-J. ¶50 But, pursuant to § 8-531(4), ADES as Cheyenne’s custodian now stands “in loco parentis” to Cheyenne—that is, “in the place of a parent.” Black’s Law Dictionary 803 (8th ed. 2004) (“Of, re

11
In Re the Appeal in Pima County Juvenile Action No. J-78632green
ariz · 1986 · cited in 1 Arizona opinions naming this issue, 2007–2007
2 sentences

2007See Pima County No. J-78632, 147 Ariz. at 587 , 712 P.2d at 434 (noting ADES's custodial responsibilities to dependent children).

2007See Pima County No. J-78632, 147 Ariz. at 587 , 712 P.2d at 434 (noting ADES's custodial responsibilities to dependent children).

11
Kenyon v. Hammergreen
ariz · 1984 · cited in 1 Arizona opinions naming this issue, 1994–1994
2 sentences

1994If education is a fundamental right [as it is in our constitution and as we held in Shofstall ], the compelling state interest test (strict scrutiny) ought to apply." Id. (citing Kenyon, 142 Ariz. at 83 , 688 P.2d at 975 ).

1994If education is a fundamental right [as it is in our constitution and as we held in Shofstall ], the compelling state interest test (strict scrutiny) ought to apply." Id. (citing Kenyon, 142 Ariz. at 83 , 688 P.2d at 975 ).

11
Donald E. Carlyn v. City of Akrongreen
ca6 · 1984 · cited in 1 Arizona opinions naming this issue, 1986–1986
2 sentences

1986See Carlyn v. City of Akron, 726 F.2d 287 (6th Cir.1984) (no equal protection violation where no final authority on annexation is given to voters but instead to Board of County Commissioners); Berry v. Bourne, 588 F.2d 422 (4th Cir.1978) (where challenged procedure does not involve nor contemplate an election there is no unconstitutional limitation upon the right to vote); Township of Jefferson v. City of Carrollton, supra, (unlike voting rights case where vote is final act triggering annexation, signing of petition is only necessary condition precedent); Adams v. City of Colorado Springs, 308

1986See Carlyn v. City of Akron, 726 F.2d 287 (6th Cir.1984) (no equal protection violation where no final authority on annexation is given to voters but instead to Board of County Commissioners); Berry v. Bourne, 588 F.2d 422 (4th Cir.1978) (where challenged procedure does not involve nor contemplate an election there is no unconstitutional limitation upon the right to vote); Township of Jefferson v. City of Carrollton, supra, (unlike voting rights case where vote is final act triggering annexation, signing of petition is only necessary condition precedent); Adams v. City of Colorado Springs, 308

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (13)

CaseCitedYears
Gonzales v. O Centro Espírita Beneficente União Do Vegetal green
scotus · 2006
2 sentences

2009Gonzales, 546 U.S. at 424 , 126 S.Ct. 1211 . 6 .

2009Gonzales, 546 U.S. at 424 , 126 S.Ct. 1211 . 6 .

12009–2009
City of Boerne v. Flores red
scotus · 1997
2 sentences

2008City of Boerne v. Flores, 521 U.S. 507, 536 , 117 S.Ct. 2157 , 138 L.Ed.2d 624 (1997) (holding the Religious Freedom Restoration Act of 1993, 42 U.S.C. § 2000bb, et seq. unconstitutional). 9 .

2008City of Boerne v. Flores, 521 U.S. 507, 536 , 117 S.Ct. 2157 , 138 L.Ed.2d 624 (1997) (holding the Religious Freedom Restoration Act of 1993, 42 U.S.C. § 2000bb, et seq. unconstitutional). 9 .

12008–2008
In Re the Appeal in Cochise County Juvenile Action No. 5666-J green
ariz · 1982
2 sentences

2007And it is doubtful that Smith — in which the Supreme Court generally rejected the strict scrutiny test for neutral laws of general applicability that incidentally burden religion, 494 U.S. at 878, 883 , 110 S.Ct. at 1599-1602 — has "reaffirmed" a compelling state interest requirement when a parent challenges a decision that affects her religious interests, ¶ 22, supra. See, e.g., Leebaert v. Harrington, 332 F.3d 134, 143-44 (2d Cir.2003) ( Smith's "hybrid claims" language dicta; parent's religious objection to mandatory health education subject to rational basis review); Douglas County v. Anay

2007And it is doubtful that Smith — in which the Supreme Court generally rejected the strict scrutiny test for neutral laws of general applicability that incidentally burden religion, 494 U.S. at 878, 883 , 110 S.Ct. at 1599-1602 — has "reaffirmed" a compelling state interest requirement when a parent challenges a decision that affects her religious interests, ¶ 22, supra. See, e.g., Leebaert v. Harrington, 332 F.3d 134, 143-44 (2d Cir.2003) ( Smith's "hybrid claims" language dicta; parent's religious objection to mandatory health education subject to rational basis review); Douglas County v. Anay

12007–2007
Roosevelt Elementary School District Number 66 v. Bishop green
ariz · 1994
1 sentence

1994If education is a fundamental right [as it is in our constitution and as we held in Shofstall ], the compelling state interest test (strict scrutiny) ought to apply." Id. (citing Kenyon, 142 Ariz. at 83 , 688 P.2d at 975 ).

11994–1994
Carey v. Population Services International green
scotus · 1977
2 sentences

1990Carey, 431 U.S. at 693 n. 15, 97 S.Ct. at 2020 n. 15, 52 L.Ed.2d at 690 n. 15.

1990Carey, 431 U.S. at 693 n. 15, 97 S.Ct. at 2020 n. 15, 52 L.Ed.2d at 690 n. 15.

11990–1990
Doenges v. City of Salt Lake City green
utah · 1980
2 sentences

1986See Carlyn v. City of Akron, 726 F.2d 287 (6th Cir.1984) (no equal protection violation where no final authority on annexation is given to voters but instead to Board of County Commissioners); Berry v. Bourne, 588 F.2d 422 (4th Cir.1978) (where challenged procedure does not involve nor contemplate an election there is no unconstitutional limitation upon the right to vote); Township of Jefferson v. City of Carrollton, supra, (unlike voting rights case where vote is final act triggering annexation, signing of petition is only necessary condition precedent); Adams v. City of Colorado Springs, 308

1986See Carlyn v. City of Akron, 726 F.2d 287 (6th Cir.1984) (no equal protection violation where no final authority on annexation is given to voters but instead to Board of County Commissioners); Berry v. Bourne, 588 F.2d 422 (4th Cir.1978) (where challenged procedure does not involve nor contemplate an election there is no unconstitutional limitation upon the right to vote); Township of Jefferson v. City of Carrollton, supra, (unlike voting rights case where vote is final act triggering annexation, signing of petition is only necessary condition precedent); Adams v. City of Colorado Springs, 308

11986–1986
Adams v. City of Colorado Springs green
cod · 1970
2 sentences

1986See Carlyn v. City of Akron, 726 F.2d 287 (6th Cir.1984) (no equal protection violation where no final authority on annexation is given to voters but instead to Board of County Commissioners); Berry v. Bourne, 588 F.2d 422 (4th Cir.1978) (where challenged procedure does not involve nor contemplate an election there is no unconstitutional limitation upon the right to vote); Township of Jefferson v. City of Carrollton, supra, (unlike voting rights case where vote is final act triggering annexation, signing of petition is only necessary condition precedent); Adams v. City of Colorado Springs, 308

1986See Carlyn v. City of Akron, 726 F.2d 287 (6th Cir.1984) (no equal protection violation where no final authority on annexation is given to voters but instead to Board of County Commissioners); Berry v. Bourne, 588 F.2d 422 (4th Cir.1978) (where challenged procedure does not involve nor contemplate an election there is no unconstitutional limitation upon the right to vote); Township of Jefferson v. City of Carrollton, supra, (unlike voting rights case where vote is final act triggering annexation, signing of petition is only necessary condition precedent); Adams v. City of Colorado Springs, 308

11986–1986
Torres v. Village of Capitan green
nm · 1978
2 sentences

1986See Carlyn v. City of Akron, 726 F.2d 287 (6th Cir.1984) (no equal protection violation where no final authority on annexation is given to voters but instead to Board of County Commissioners); Berry v. Bourne, 588 F.2d 422 (4th Cir.1978) (where challenged procedure does not involve nor contemplate an election there is no unconstitutional limitation upon the right to vote); Township of Jefferson v. City of Carrollton, supra, (unlike voting rights case where vote is final act triggering annexation, signing of petition is only necessary condition precedent); Adams v. City of Colorado Springs, 308

1986See Carlyn v. City of Akron, 726 F.2d 287 (6th Cir.1984) (no equal protection violation where no final authority on annexation is given to voters but instead to Board of County Commissioners); Berry v. Bourne, 588 F.2d 422 (4th Cir.1978) (where challenged procedure does not involve nor contemplate an election there is no unconstitutional limitation upon the right to vote); Township of Jefferson v. City of Carrollton, supra, (unlike voting rights case where vote is final act triggering annexation, signing of petition is only necessary condition precedent); Adams v. City of Colorado Springs, 308

11986–1986
Township of Jefferson v. City of West Carrollton green
ohsd · 1981
2 sentences

1986See Carlyn v. City of Akron, 726 F.2d 287 (6th Cir.1984) (no equal protection violation where no final authority on annexation is given to voters but instead to Board of County Commissioners); Berry v. Bourne, 588 F.2d 422 (4th Cir.1978) (where challenged procedure does not involve nor contemplate an election there is no unconstitutional limitation upon the right to vote); Township of Jefferson v. City of Carrollton, supra, (unlike voting rights case where vote is final act triggering annexation, signing of petition is only necessary condition precedent); Adams v. City of Colorado Springs, 308

1986See Carlyn v. City of Akron, 726 F.2d 287 (6th Cir.1984) (no equal protection violation where no final authority on annexation is given to voters but instead to Board of County Commissioners); Berry v. Bourne, 588 F.2d 422 (4th Cir.1978) (where challenged procedure does not involve nor contemplate an election there is no unconstitutional limitation upon the right to vote); Township of Jefferson v. City of Carrollton, supra, (unlike voting rights case where vote is final act triggering annexation, signing of petition is only necessary condition precedent); Adams v. City of Colorado Springs, 308

11986–1986
Curtis v. Board of Supervisors green
cal · 1972
2 sentences

1986Id. at 953 , 104 Cal.Rptr. at 306 , 501 P.2d at 546 .

1986Id. at 953 , 104 Cal.Rptr. at 306 , 501 P.2d at 546 .

11986–1986
Berry v. Bourne green
ca4 · 1978
2 sentences

1986See Carlyn v. City of Akron, 726 F.2d 287 (6th Cir.1984) (no equal protection violation where no final authority on annexation is given to voters but instead to Board of County Commissioners); Berry v. Bourne, 588 F.2d 422 (4th Cir.1978) (where challenged procedure does not involve nor contemplate an election there is no unconstitutional limitation upon the right to vote); Township of Jefferson v. City of Carrollton, supra, (unlike voting rights case where vote is final act triggering annexation, signing of petition is only necessary condition precedent); Adams v. City of Colorado Springs, 308

1986See Carlyn v. City of Akron, 726 F.2d 287 (6th Cir.1984) (no equal protection violation where no final authority on annexation is given to voters but instead to Board of County Commissioners); Berry v. Bourne, 588 F.2d 422 (4th Cir.1978) (where challenged procedure does not involve nor contemplate an election there is no unconstitutional limitation upon the right to vote); Township of Jefferson v. City of Carrollton, supra, (unlike voting rights case where vote is final act triggering annexation, signing of petition is only necessary condition precedent); Adams v. City of Colorado Springs, 308

11986–1986
Adams v. City of Colorado Springs green
scotus · 1970
2 sentences

1986See Carlyn v. City of Akron, 726 F.2d 287 (6th Cir.1984) (no equal protection violation where no final authority on annexation is given to voters but instead to Board of County Commissioners); Berry v. Bourne, 588 F.2d 422 (4th Cir.1978) (where challenged procedure does not involve nor contemplate an election there is no unconstitutional limitation upon the right to vote); Township of Jefferson v. City of Carrollton, supra, (unlike voting rights case where vote is final act triggering annexation, signing of petition is only necessary condition precedent); Adams v. City of Colorado Springs, 308

1986See Carlyn v. City of Akron, 726 F.2d 287 (6th Cir.1984) (no equal protection violation where no final authority on annexation is given to voters but instead to Board of County Commissioners); Berry v. Bourne, 588 F.2d 422 (4th Cir.1978) (where challenged procedure does not involve nor contemplate an election there is no unconstitutional limitation upon the right to vote); Township of Jefferson v. City of Carrollton, supra, (unlike voting rights case where vote is final act triggering annexation, signing of petition is only necessary condition precedent); Adams v. City of Colorado Springs, 308

11986–1986
Fishman v. City of Stamford green
scotus · 1970
2 sentences

1986See Carlyn v. City of Akron, 726 F.2d 287 (6th Cir.1984) (no equal protection violation where no final authority on annexation is given to voters but instead to Board of County Commissioners); Berry v. Bourne, 588 F.2d 422 (4th Cir.1978) (where challenged procedure does not involve nor contemplate an election there is no unconstitutional limitation upon the right to vote); Township of Jefferson v. City of Carrollton, supra, (unlike voting rights case where vote is final act triggering annexation, signing of petition is only necessary condition precedent); Adams v. City of Colorado Springs, 308

1986See Carlyn v. City of Akron, 726 F.2d 287 (6th Cir.1984) (no equal protection violation where no final authority on annexation is given to voters but instead to Board of County Commissioners); Berry v. Bourne, 588 F.2d 422 (4th Cir.1978) (where challenged procedure does not involve nor contemplate an election there is no unconstitutional limitation upon the right to vote); Township of Jefferson v. City of Carrollton, supra, (unlike voting rights case where vote is final act triggering annexation, signing of petition is only necessary condition precedent); Adams v. City of Colorado Springs, 308

11986–1986

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 15-101 (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

FL 49 (1978–2020) CA 35 (1976–2024) AK 14 (1973–2021) NJ 9 (1972–2025) OH 8 (1972–2022) AZ 7 (1986–2009) MI 7 (1978–2013) PA 5 (1974–2010) WI 5 (1988–2021) WA 5 (1973–2002) IA 4 (1972–2012) HI 4 (1970–1993) MA 4 (1975–2002) NY 4 (1975–1990) MN 4 (1990–2004) ND 4 (1974–2014) CO 4 (1976–1996) KS 3 (1978–2011) AL 3 (1980–2011) MD 3 (1981–2011) MO 3 (1979–1980) IL 3 (1976–1986) WV 3 (1979–1999) KY 3 (1979–1998) DE 2 (1977–2021) IN 2 (1978–1996) NC 2 (1978–1978) ID 2 (1982–2005) MT 2 (1996–1997) NE 2 (1971–1996) UT 2 (1998–2013) TX 2 (1975–1982)

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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