neutral principles doctrine (Virginia) · Go Syfert
← Virginia issues

neutral principles doctrine in Virginia

6 Virginia opinions name it 3 courts 2005–2026 4 in the last five years

The cases below were cited by Virginia 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 (3)

CaseFollowedCited
United States v. Nixongreen
scotus · 1974 · cited in 1 Virginia opinions naming this issue, 2026–2026
1 sentence

2026And third, the U.S. Supreme Court’s decision in Herbert v. Lando provides a useful tiebreaker here: “Evidentiary privileges in litigation are not favored, and even those rooted in the Constitution must give way in proper circumstances.” 441 U.S. at 175 . “[Whatever] their origins, these exceptions to the demand for every man’s evidence are not lightly created nor expansively construed, for they are in derogation of the search for truth.” Id. (quoting United States v. Nixon, 418 U.S. 683, 710 (1974)).

11
Hutchison v. Thomasgreen
ca6 · 1986 · cited in 1 Virginia opinions naming this issue, 2005–2005
1 sentence

2005The neutral principles doctrine relating to church property is simply not applicable in the instant case.” Id. at 396.

11
Petruska v. Gannon Universitygreen
pawd · 2004 · cited in 1 Virginia opinions naming this issue, 2005–2005
1 sentence

2005It bears mentioning that there is no duty on defendants to assert a religious basis for the challenged activities, because “the focus under the ministerial exception is on the action taken [by the employer], not possible motives.” Petruska v. Gannon Univ., 350 F. Supp. 2d 666, 677-78 (W.D.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Jones v. Wolf green
scotus · 1979
2 sentences

2026These considerations are meant to aid circuit courts in determining whether “a secular court may adjudicate controversies arising in religious settings . . . based on ‘neutral principles of law’ that are ‘completely secular in operation.’” Id. at 271 (quoting Jones, 443 U.S. at 602-603 ).

2012The Court stated that “[i]f in fact Georgia has adopted a presumptive rule of majority representation, defeasible upon a showing that the identity of the local church is to be determined by some other means, we think this would be consistent with both the neutral-principles analysis and the First Amendment.” Id. at 607 .

32012–2026
Herbert v. Lando green
scotus · 1979
2 sentences

2026And third, the U.S. Supreme Court’s decision in Herbert v. Lando provides a useful tiebreaker here: “Evidentiary privileges in litigation are not favored, and even those rooted in the Constitution must give way in proper circumstances.” 441 U.S. at 175 . “[Whatever] their origins, these exceptions to the demand for every man’s evidence are not lightly created nor expansively construed, for they are in derogation of the search for truth.” Id. (quoting United States v. Nixon, 418 U.S. 683, 710 (1974)).

2026And third, the U.S. Supreme Court’s decision in Herbert v. Lando provides a useful tiebreaker here: “Evidentiary privileges in litigation are not favored, and even those rooted in the Constitution must give way in proper circumstances.” 441 U.S. at 175 . “[Whatever] their origins, these exceptions to the demand for every man’s evidence are not lightly created nor expansively construed, for they are in derogation of the search for truth.” Id. (quoting United States v. Nixon, 418 U.S. 683, 710 (1974)).

12026–2026
Kedroff v. Saint Nicholas Cathedral of the Russian Orthodox Church in North America green
scotus · 1952
1 sentence

2025This outcome became mandatory as applied to the States after Kedroff, 344 U.S. at 115-16 , and was reaffirmed as applying over the neutral principles doctrine in Milivojevich. 426 U.S. at 708 .

12025–2025
Serbian Eastern Orthodox Diocese for United States and Canada v. Milivojevich green
scotus · 1976
1 sentence

2025This outcome became mandatory as applied to the States after Kedroff, 344 U.S. at 115-16 , and was reaffirmed as applying over the neutral principles doctrine in Milivojevich. 426 U.S. at 708 .

12025–2025
Jae-Woo Cha v. Korean Presbyterian Church green
va · 2001
1 sentence

2005Cha, 262 Va. at 613 .

12005–2005

Where else courts name it

TX 7 (2013–2019) NY 6 (1985–2024) VA 6 (2005–2026) MN 6 (1992–2016) IL 4 (1987–2008) AZ 3 (2010–2016) AR 3 (2001–2008) PA 3 (1985–2009) GA 2 (2011–2011) OH 2 (2012–2016) CO 2 (1983–1986) KY 2 (1988–1992) NV 2 (2026–2026) CA 2 (1991–2007) WV 2 (1988–1988)

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.

← Caselaw search · G Cite Topics · Brief Check