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6 Montana opinions name it 1 courts 1986–2024 1 in the last five years
The cases below were cited by Montana 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 |
|---|---|---|
Espinoza v. Montana Dept. of Revenuegreen2 sentences2024Dep’t of Revenue, 591 U.S. 464, 484 , 140 S. Ct. 2246, 2260 (2020) (determining strict scrutiny to be the appropriate level of review “[w]hen otherwise eligible recipients are disqualified from a public benefit” solely because of their religious character in violation of the U.S. Constitution’s free exercise clause). 2024Dep’t of Revenue, 591 U.S. 464, 484 , 140 S. Ct. 2246, 2260 (2020) (determining strict scrutiny to be the appropriate level of review “[w]hen otherwise eligible recipients are disqualified from a public benefit” solely because of their religious character in violation of the U.S. Constitution’s free exercise clause). | 1 | 1 |
Knights of Columbus, Council 94 v. Town of Lexingtongreen2 sentences2012See Knights of Columbus v. Town of Lexington, 272 F.3d 25, 35 (1st Cir. 2001) (content-neutral ban on unattended structures on historic Battle Green, site of first battle of Revolutionary War, that eliminated Christmas crèche survived Free Exercise challenge). 15 ¶38 The Court further rejected the notion that the collection and payment of the tax would violate the sincere religious beliefs of Jimmy Swaggart Ministries. 2012See Knights of Columbus v. Town of Lexington, 272 F.3d 25, 35 (1st Cir. 2001) (content-neutral ban on unattended structures on historic Battle Green, site of first battle of Revolutionary War, that eliminated Christmas creche survived Free Exercise challenge). ¶38 The Court further rejected the notion that the collection and payment of the tax would violate the sincere religious beliefs of Jimmy Swaggart Ministries. | 1 | 1 |
St. John's Lutheran Church v. State Compensation Insurance Fundgreen2 sentences2012Fund, 252 Mont. 516, 524 , 830 P.2d 1271, 1277 (1992), this Court rejected a Free Exercise challenge to the requirement that the church provide workers’ compensation coverage to its pastor on the basis that the provision of workers’ compensation represents “an overriding governmental interest.” No doubt exists that the workers’ compensation requirement would apply if the Colony opted to establish separate commercial entities to perform the type of work at issue here. 2012Fund, 252 Mont. 516, 524 , 830 P.2d 1271, 1277 (1992), this Court rejected a Free Exercise challenge to the requirement that the church provide workers’ compensation coverage to its pastor on the basis that the provision of workers’ compensation represents “an overriding governmental interest.” No doubt exists that the workers’ compensation requirement would apply if the Colony opted to establish separate commercial entities to perform the type of work at issue here. | 1 | 1 |
Jimmy Swaggart Ministries v. Board of Equalization of Californiagreen2 sentences2012See also United States v. Indianapolis Baptist Temple, 224 F.3d 627 (7th Cir. 2000) (rejecting church’s Free Exercise challenge to a requirement that it pay unemployment tax for its employees). ¶36 The Court applied a similar analysis to mandatory payment of a generally applicable sales and use tax in Jimmy Swaggart Ministries v. Board of Equalization, 493 U.S. 378 , 110 S. Ct. 688 (1990). 2012See also United States v. Indianapolis Baptist Temple, 224 F.3d 627 (7th Cir. 2000) (rejecting church’s Free Exercise challenge to a requirement that it pay unemployment tax for its employees). ¶36 The Court applied a similar analysis to mandatory payment of a generally applicable sales and use tax in Jimmy Swaggart Ministries v. Board of Equalization, 493 U.S. 378 , 110 S. Ct. 688 (1990). | 1 | 1 |
Ridley Park United Methodist Church v. Zoning Hearing Board Ridley Park Boroughgreen2 sentences2012See Ridley Park Methodist Church v. Zoning Hearing Board, 920 A.2d 953, 960 (Pa. 2007) (denying zoning variance to operate a daycare on church site did not impinge on religious activities of church as operation of the daycare “is not a fundamental religious activity of a church”). ¶25 The Dissent suggests that HB 119 would not capture the activities of the other religious employers, in part, because they do not engage in the types of economic activities enumerated by HB 119. 2012See Ridley Park Methodist Church v. Zoning Hearing Board, 920 A.2d 953, 960 (Pa. 2007) (denying zoning variance to operate a daycare on church site did not impinge on religious activities of church as operation of the daycare “is not a fundamental religious activity of a church”). ¶25 The Dissent suggests that HB 119 would not capture the activities of the other religious employers, in part, because they do not engage in the types of economic activities enumerated by HB 119. | 1 | 1 |
United States v. Indianapolis Baptist Templegreen2 sentences2012See also United States v. Indianapolis Baptist Temple, 224 F.3d 627 (7th Cir. 2000) (rejecting church’s Free Exercise challenge to a requirement that it pay unemployment tax for its employees). 14 ¶36 The Court applied a similar analysis to mandatory payment of a generally applicable sales and use tax in Jimmy Swaggart Ministries v. Board of Equalization, 493 U.S. 378 , 110 S. Ct. 688 (1990). 2012See also United States v. Indianapolis Baptist Temple, 224 F.3d 627 (7th Cir. 2000) (rejecting church’s Free Exercise challenge to a requirement that it pay unemployment tax for its employees). ¶36 The Court applied a similar analysis to mandatory payment of a generally applicable sales and use tax in Jimmy Swaggart Ministries v. Board of Equalization, 493 U.S. 378 , 110 S. Ct. 688 (1990). | 1 | 1 |
Sherbert v. Vernergreen2 sentences2004“The crucial word in the constitutional text is ‘prohibit’: ‘For the Free Exercise Clause is written in terms of what the government cannot do to the individual, not in terms of what the individual can exact from the government.’ ” Lyng v. Northwest Indian Cemetery Protective Ass’n. (1988), 485 U.S. 439, 450-51 , 108 S.Ct. 1319, 1326 , 99 L.Ed.2d 534, 548 (quoting Sherbert v. Verner (1963), 374 U.S. 398, 412 , 83 S.Ct. 1790, 1798 , 10 L.Ed.2d 965, 975 (Douglas, J., concurring)). ¶ 13 [3] Even if one assumes arguendo that the MHSA bylaw requiring accreditation of member schools limits VCS’s poo 2004“The crucial word in the constitutional text is ‘prohibit’: ‘For the Free Exercise Clause is written in terms of what the government cannot do to the individual, not in terms of what the individual can exact from the government.’ ” Lyng v. Northwest Indian Cemetery Protective Ass’n. (1988), 485 U.S. 439, 450-51 , 108 S.Ct. 1319, 1326 , 99 L.Ed.2d 534, 548 (quoting Sherbert v. Verner (1963), 374 U.S. 398, 412 , 83 S.Ct. 1790, 1798 , 10 L.Ed.2d 965, 975 (Douglas, J., concurring)). ¶ 13 [3] Even if one assumes arguendo that the MHSA bylaw requiring accreditation of member schools limits VCS’s poo | 1 | 1 |
Lyng v. Northwest Indian Cemetery Protective Assn.green2 sentences2004“The crucial word in the constitutional text is ‘prohibit’: ‘For the Free Exercise Clause is written in terms of what the government cannot do to the individual, not in terms of what the individual can exact from the government.’ ” Lyng v. Northwest Indian Cemetery Protective Ass’n. (1988), 485 U.S. 439, 450-51 , 108 S.Ct. 1319, 1326 , 99 L.Ed.2d 534, 548 (quoting Sherbert v. Verner (1963), 374 U.S. 398, 412 , 83 S.Ct. 1790, 1798 , 10 L.Ed.2d 965, 975 (Douglas, J., concurring)). ¶ 13 [3] Even if one assumes arguendo that the MHSA bylaw requiring accreditation of member schools limits VCS’s poo 2004“The crucial word in the constitutional text is ‘prohibit’: ‘For the Free Exercise Clause is written in terms of what the government cannot do to the individual, not in terms of what the individual can exact from the government.’ ” Lyng v. Northwest Indian Cemetery Protective Ass’n. (1988), 485 U.S. 439, 450-51 , 108 S.Ct. 1319, 1326 , 99 L.Ed.2d 534, 548 (quoting Sherbert v. Verner (1963), 374 U.S. 398, 412 , 83 S.Ct. 1790, 1798 , 10 L.Ed.2d 965, 975 (Douglas, J., concurring)). ¶ 13 [3] Even if one assumes arguendo that the MHSA bylaw requiring accreditation of member schools limits VCS’s poo | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wisconsin v. Yoder
green
2 sentences1986The Court provided more guidance on application of the free exercise clause in Wisconsin v. Yoder (1972), 406 U.S. 205 , 92 S.Ct. 1526 , 32 L.Ed.2d 15 . 1986The Court provided more guidance on application of the free exercise clause in Wisconsin v. Yoder (1972), 406 U.S. 205 , 92 S.Ct. 1526 , 32 L.Ed.2d 15 . | 2 | 1986–1992 |
Employment Div., Dept. of Human Resources of Ore. v. Smith
red
2 sentences2012The two brought a Free Exercise challenge to the division’s denial. ¶29 The Court recognized, similar to the Colony’s claim, that the exercise of religion often involves not only belief, “but the performance of (or abstention from) physical acts.” Smith, 494 U.S. at 877 , 110 S. Ct. at 1599 . 2012The two brought a Free Exercise challenge to the division’s denial. ¶29 The Court recognized, similar to the Colony’s claim, that the exercise of religion often involves not only belief, “but the performance of (or abstention from) physical acts.” Smith, 494 U.S. at 877 , 110 S. Ct. at 1599 . | 1 | 2012–2012 |
United States v. Lee
green
2 sentences2012In the present case, the District Court rejected the notion that Sections 6 and 7 were generally applicable laws based on its determination that the “object of the legislation was remote from the concerns and purpose underlying the Workers’ Compensation Act.” The District Court instead viewed HB 119 as “an attempt to Tax’ the Hutterites for a religious practice.” ¶40 The Court in United States v. Lee, 455 U.S. 252 , 102 S. Ct. 1051 (1982), addressed a free exercise challenge to the mandatory participation of an Amish employer in the social security system. 2012In the present case, the District Court rejected the notion that Sections 6 and 7 were generally applicable laws based on its determination that the “object of the legislation was remote from the concerns and purpose underlying the Workers’ Compensation Act.” The District Court instead viewed HB 119 as “an attempt to Tax’ the Hutterites for a religious practice.” ¶40 The Court in United States v. Lee, 455 U.S. 252 , 102 S. Ct. 1051 (1982), addressed a free exercise challenge to the mandatory participation of an Amish employer in the social security system. | 1 | 2012–2012 |
Hicks Ex Rel. Hicks v. HALIFAX COUNTY BD. EDUC.
green
1 sentence2004Hicks, 93 F.Supp.2d at 662 . ¶ 26 In analyzing this doctrine, the Supreme Court of Indiana noted that while the United States Supreme Court has not again addressed the hybrid claim issue since Smith (other than a brief observation by Justice Kennedy), the issue has received considerable attention in other federal and state courts. | 1 | 2004–2004 |
Thomas v. Allegany County Board of Education
green
2 sentences1997The court concluded that the school district had satisfied the compelling state interest test in view of the “de minimi burden on the appellant’s freedom of religion and the legitimate interest in avoiding administrative inefficiency.” Thomas, 443 A.2d at 626 . 1997The court concluded that the school district had satisfied the compelling state interest test in view of the "de minimi burden on the appellant's freedom of religion and the legitimate interest in avoiding administrative inefficiency." Thomas, 443 A.2d at 626 . | 1 | 1997–1997 |
Miller v. Catholic Diocese of Great Falls
green
1 sentence1992Miller, 728 P.2d at 796 (quoting from Wisconsin v. Yoder (1972), 406 U.S. 205, 215 , 92 S.Ct. 1526, 1533 , 32 L.Ed.2d 15, 25 ). | 1 | 1992–1992 |
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.