entanglement doctrine in Wisconsin

7 Wisconsin opinions name it 2 courts 1979–2024 2 in the last five years

The cases below were cited by Wisconsin 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 (6)

Case	Followed	Cited
L.L.N. v. Claudergreen wis · 1997 · cited in 2 Wisconsin opinions naming this issue, 2000–2021 2 sentences 2021Such a proposition, known as the entanglement doctrine, springs from the Establishment Clause of the First Amendment.8 Id. ¶43 Excessive entanglement occurs "if a court is required to interpret church law, policies, or practices." Id. at 687 . 8The Establishment Clause of the First Amendment provides: "Congress shall make no law respecting an establishment of religion . . . ." U.S. Const. amend. 2021Such a proposition, known as the entanglement doctrine, springs from the Establishment Clause of the First Amendment.8 Id. ¶43 Excessive entanglement occurs "if a court is required to interpret church law, policies, or practices." Id. at 687 . 8The Establishment Clause of the First Amendment provides: "Congress shall make no law respecting an establishment of religion . . . ." U.S. Const. amend.	1	2
Everson v. Board of Ed. of Ewinggreen scotus · 1947 · cited in 1 Wisconsin opinions naming this issue, 2024–2024 1 sentence 2024Dist. of Abington Twp. v. Schempp, 374 U.S. 203, 216 (1963) (quoting Everson v. Bd. of Educ. of Ewing Twp., 330 U.S. 1, 15 (1947)). ¶71 It further prohibits the excessive entanglement of the state in religious matters, a principle known as the entanglement doctrine.	1	1
Abington School Dist. v. Schemppgreen · 1963 · cited in 1 Wisconsin opinions naming this issue, 2024–2024 1 sentence 2024Dist. of Abington Twp. v. Schempp, 374 U.S. 203, 216 (1963) (quoting Everson v. Bd. of Educ. of Ewing Twp., 330 U.S. 1, 15 (1947)). ¶71 It further prohibits the excessive entanglement of the state in religious matters, a principle known as the entanglement doctrine.	1	1
Guy Demarco v. Holy Cross High Schoolgreen ca2 · 1993 · cited in 1 Wisconsin opinions naming this issue, 2008–2008 1 sentence 2008See DeMarco, 4 F.3d at 172 (“There may be cases involving lay employees in which the relationship between employee and employer is so pervasively religious that it is impossible to engage in an age-discrimination inquiry without serious risk of offending the Establishment Clause.	1	1
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. PACIFIC PRESS PUBLISHING ASSOCIATION, Defendant-Appellantgreen ca9 · 1982 · cited in 1 Wisconsin opinions naming this issue, 2008–2008 1 sentence 2008See Corbin, supra note 6, at 1980. 10 The cases LIRC and Ostlund cite in which other courts have concluded there would be no entanglement because of the stated reason for employment action fall into this latter category — either there was apparently no argument made that the ministerial exception applied, see, e.g., EEOC v. Pacific Press Publ'g Ass'n, 676 F.2d 1272 (9th Cir. 1982), or the court implicitly or explicitly rejected the ministerial exception.	1	1
D.L. Ex Rel. Friederichs v. Huebnergreen wis · 1983 · cited in 1 Wisconsin opinions naming this issue, 1989–1989 2 sentences 1989Deere claims that the enhanced injury theory is inapplicable to this type of products liability case. 60 Generally, the trial court has wide discretion in deciding what instructions will be given, so long as they "fully and fairly inform[ ] the jury of the rules and principles of law applicable to the particular case." D.L. v. Huebner, 110 Wis. 2d 581, 624 , 329 N.W.2d 890, 909 (1983). 1989Deere claims that the enhanced injury theory is inapplicable to this type of products liability case. 60 Generally, the trial court has wide discretion in deciding what instructions will be given, so long as they "fully and fairly inform[ ] the jury of the rules and principles of law applicable to the particular case." D.L. v. Huebner, 110 Wis. 2d 581, 624 , 329 N.W.2d 890, 909 (1983).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (5)

Case	Cited	Years
Jocz v. Labor & Industry Review Commission green wisctapp · 1995 1 sentence 2008Because CCS has raised the ministerial exception, under Jocz the Department must first consider whether this exception applies. 196 Wis. 2d at 301-02 .	1	2008–2008
National Labor Relations Board v. Catholic Bishop green scotus · 1979 1 sentence 2008As for the entanglement challenge grounded in NLRB v. Catholic Bishop of Chicago, 440 U.S. 490 (1979), that case held there would be a significant risk of infringement of the religion clauses of the First Amendment if the National Labor Relations Act conferred jurisdiction over church-operated schools.	1	2008–2008
Holy Trinity Community School, Inc. v. Kahl green wis · 1978 2 sentences 1997The entanglement doctrine, which prohibits excessive governmental entanglement with religion, springs from the Establishment Clause. 11 See Holy Trinity Community School, Inc. v. Kahl, 82 Wis. 2d 139, 150 , 262 N.W.2d 210 , cert, denied, 439 U.S. 823 (1978); 4 Rotunda & Nowak, supra § 21.3, at 457. ¶ 20. 1997The entanglement doctrine, which prohibits excessive governmental entanglement with religion, springs from the Establishment Clause. 11 See Holy Trinity Community School, Inc. v. Kahl, 82 Wis. 2d 139, 150 , 262 N.W.2d 210 , cert, denied, 439 U.S. 823 (1978); 4 Rotunda & Nowak, supra § 21.3, at 457. ¶ 20.	1	1997–1997
Thompson v. Holy Trinity Community School, Inc. green scotus · 1978 2 sentences 1997The entanglement doctrine, which prohibits excessive governmental entanglement with religion, springs from the Establishment Clause. [11] See Holy 687 Trinity Community School, Inc. v. Kahl, 82 Wis. 2d 139, 150 , 262 N.W.2d 210 , cert. denied, 439 U.S. 823 (1978); 4 Rotunda & Nowak, supra § 21.3, at 457. [6] ¶ 20. 1997*The entanglement doctrine, which prohibits excessive governmental entanglement with religion, springs from the Establishment Clause. 11 See Holy Trinity Community School, Inc. v. Kahl, 82 Wis. 2d 139, 150 , 262 N.W.2d 210 , cert, denied, 439 U.S. 823 (1978); 4 Rotunda & Nowak, supra § 21.3, at 457. ¶ 20.	1	1997–1997
Roemer v. Board of Public Works of Md. green scotus · 1976 1 sentence 1979Roemer, 426 U.S. at 755 .	1	1979–1979

Where else courts name it

WI 7 (1979–2024) UT 4 (2001–2019) MN 4 (2002–2016) CA 2 (1991–2007)

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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