6 New Mexico opinions name it 2 courts 1979–2013 0 in the last five years
The cases below were cited by New Mexico 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 |
|---|---|---|
Employment Div., Dept. of Human Resources of Ore. v. Smithred2 sentences2012But “the right of free exercise does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes).” Emp’t Div., Dep’t of Human Res. of Oregon v. Smith, 494 U.S. 872, 879 (1990), superseded on other grounds by statute in, Religious Freedom Restoration Act of 1993 (RFRA), P.L. 103-141, 107 Stat. 1488 (codified at 5 U.S.C. § 504 ; 42 U.S.C. §§ 1988 , 2000bb, 2000bb-l to -4) (internal quotation marks and citation and omitted). {35} The principle 2012But “the right of free exercise does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes).” Emp’t Div., Dep’t of Human Res. of Oregon v. Smith, 494 U.S. 872, 879 (1990), superseded on other grounds by statute in, Religious Freedom Restoration Act of 1993 (RFRA), P.L. 103-141, 107 Stat. 1488 (codified at 5 U.S.C. § 504 ; 42 U.S.C. §§ 1988 , 2000bb, 2000bb-1 to -4) (internal quotation marks and citation and omitted). {35} The principle | 2 | 3 |
Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commissiongreen2 sentences2012But “the right of free exercise does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes).” Emp’t Div., Dep’t of Human Res. of Oregon v. Smith, 494 U.S. 872, 879 (1990), superseded on other grounds by statute in, Religious Freedom Restoration Act of 1993 (RFRA), P.L. 103-141, 107 Stat. 1488 (codified at 5 U.S.C. § 504 ; 42 U.S.C. §§ 1988 , 2000bb, 2000bb-l to -4) (internal quotation marks and citation and omitted). {35} The principle 2012But “the right of free exercise does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes).” Emp’t Div., Dep’t of Human Res. of Oregon v. Smith, 494 U.S. 872, 879 (1990), superseded on other grounds by statute in, Religious Freedom Restoration Act of 1993 (RFRA), P.L. 103-141, 107 Stat. 1488 (codified at 5 U.S.C. § 504 ; 42 U.S.C. §§ 1988 , 2000bb, 2000bb-1 to -4) (internal quotation marks and citation and omitted). {35} The principle | 2 | 2 |
Axson-Flynn v. Johnsongreen2 sentences2012The Tenth Circuit has noted that in order to apply the hybrid-rights theory, the claim “at least requires a colorable showing of infringement of a companion constitutional right.” Axson-Flynn v. Johnson, 356 F.3d 1277, 1295 (10th Cir. 2004) (internal quotation marks and citation omitted). 2012The Tenth Circuit has noted that in order to apply the hybrid-rights theory, the claim “at least requires a colorable showing of infringement of a companion constitutional right.” Axson-Flynn v. Johnson, 356 F.3d 1277, 1295 (10th Cir. 2004) (internal quotation marks and citation omitted). | 2 | 2 |
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeahgreen2 sentences2012See Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 531-32 (1993) (reasoning that strict scrutiny applies to a free exercise claim where the relevant statute is either not generally applicable or not neutral). 2012See Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 531-32 (1993) (reasoning that strict scrutiny applies to a free exercise claim where the relevant statute is either not generally applicable or not neutral). | 2 | 2 |
Wisconsin v. Yodergreen2 sentences2012See Wisconsin v. Yoder, 406 U.S. 205, 233 (1972) (recognizing that a heightened scrutiny exception may be appropriate where a free exercise claim has been coupled with some other constitutional claim). 2012See Wisconsin v. Yoder, 406 U.S. 205, 233 (1972) 14 (recognizing that a heightened scrutiny exception may be appropriate where a free exercise claim has been coupled with some other constitutional claim). | 2 | 2 |
State v. Corpus Christi People's Baptist Church, Inc.green1 sentence1991See generally State v. Corpus Christi People’s Baptist Church, Inc., 683 S.W.2d 692 (Tex.1984), (parents’ absence from children and their complete dependence on child care center for health and safety are reasons for compelling state interest). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Matter of Adoption of Doe
green
2 sentences2013In re Adoption of Doe, 1984-NMSC-024 , ¶ 2, 100 N.M. 764 , 676 P.2d 1329 (“[T]o present an issue on appeal for review, an appellant must submit argument and authority as required by rule.” (emphasis omitted)). 2013In re Adoption of Doe, 1984-NMSC-024 , ¶ 2, 100 N.M. 764 , 676 P.2d 1329 (“[T]o present an issue on appeal for review, an appellant must submit argument and authority as required by rule.” (emphasis omitted)). | 2 | 2013–2013 |
Reynolds v. United States
green
2 sentences1979Article XXI, § 1 of the Constitution of New Mexico provides: “Perfect toleration of religious sentiment shall be secure, and no inhabitant of this state shall ever be molested in person or property on account of his or her mode of religious worship.” In the polygamy case, Reynolds v. United States, 98 U.S. 145 , 25 L.Ed. 244 (1878) stated the scope of the free exercise clause as follows: Congress was deprived of all legislative power over mere opinion, but was left free to reach actions which were in violation of social duties or subversive of good order. ****** Laws are made for the governmen 1979Article XXI, § 1 of the Constitution of New Mexico provides: “Perfect toleration of religious sentiment shall be secure, and no inhabitant of this state shall ever be molested in person or property on account of his or her mode of religious worship.” In the polygamy case, Reynolds v. United States, 98 U.S. 145 , 25 L.Ed. 244 (1878) stated the scope of the free exercise clause as follows: Congress was deprived of all legislative power over mere opinion, but was left free to reach actions which were in violation of social duties or subversive of good order. ****** Laws are made for the governmen | 2 | 1979–1991 |
Gillette v. United States
green
2 sentences1991Id. at 879 , 110 S.Ct. at 1600 , 108 L.Ed.2d at 886 (citing, e.g., Gillette v. United States, 401 U.S. 437 , 91 S.Ct. 828 , 28 L.Ed.2d 168 (1971) (military selective service statutes) and Reynolds v. United States, 98 U.S. 145 , 25 L.Ed. 244 (1878) (polygamy statute)). 1991Id. at 879 , 110 S.Ct. at 1600 , 108 L.Ed.2d at 886 (citing, e.g., Gillette v. United States, 401 U.S. 437 , 91 S.Ct. 828 , 28 L.Ed.2d 168 (1971) (military selective service statutes) and Reynolds v. United States, 98 U.S. 145 , 25 L.Ed. 244 (1878) (polygamy statute)). | 1 | 1991–1991 |
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.
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.