Cantwell v. Connecticut (1940)
The Court ruled that the statute requiring a license to solicit for
religious purposes was a prior restraint that vested the state with excessive power
in determining which groups must obtain a license.
Minersville School District v. Gobitis (1940)
In an 8-1 Court Decision, the Court ruled that a school district's
interest in creating national unity was sufficient to allow them to require students
to salute the flag.
Cox v. New Hampshire (1941)
The Court unanimously upheld the convictions of Jehovah's Witnesses for engaging
in a public parade without a license.
Jones v. Opelika I (1942)
The Court upheld a statute prohibiting the selling of literature without
a license because it only covered individuals engaged in an commercial activity rather
than a religious ritual.
West Virginia State Board of Education v. Barnette (1943)
The Court ruled 8-1 that a school district violated the rights of students by forcing
them to salute the American flag.
Jones v. Opelika II (1943)
The Court ruled the practice of charging a flat fee for people distributing
literature was unconstitutional. The freedom of press was not to be restricted only
to those who can afford to pay the licensing fee.
Murdock v. Pennsylvania (1943)
the Court found that the Jeanette ordinance requiring solicitors to
purchase a license from the borough was an unconstitutional tax on the Jehovah's
Witnesses' right to freely exercise their religion.
United States v. Ballard (1944)
The Court found that neither the courts nor the government have the
right to evaluate the religious beliefs of a citizen or group.
Prince v. Massachusetts (1944)
In a 5-4 Court Decision, the Court upheld Massachusetts' restriction on the abilities
of children to sell religious literature.
Braunfeld v. Brown (1961)
An Orthodox Jew challenged Pennsylvania's blue laws, but by a 6-3
vote, with Chief Justice Warren writing the majority opinion, the Supreme Court declared
them constitutional.
Sherbert v. Verner (1963)
The Supreme Court ruled 7-2 in favor of the woman's right to refuse to work
on her Sabbath without relinquishing her right to unemployment benefits.
Wisconsin v. Yoder (1972)
On May 15th 1972 the Court ruled 6 to 1 that the compulsory education law in Winconsin
did indeed violate the Free Exercise Clause for Amish parents.
Larson v. Valente (1982)
The Court ruled 5-4 that a Minnesota law imposing greater burdens
on minority, non-traditional relgious groups was unconstitutional because was not
closely enough related to furthering a specific governmental interest.
Estate of Thornton v. Caldor (1985)
The Court ruled 8-1 that Connecticut's law requiring that employers
give all employees the day off if it was their chosen day of worship was unconstitutional
because it had a direct effect of advancing a particular religious practice.
Bowen v. Roy (1986)
In an 8-1 Court Decision, the Court ruled that the government was permitted to require
beneficiaries to supply it with their Social Security numbers, even if their religion
forbade it.
Goldman v. Weinberger (1986)
The Supreme Court upheld a military provision requiring a uniform dress code and
prohibited an Orthodox Jew from wearing a religiously required yarmulke.
Lyng v. Northwest Indian CPA (1988)
By a 5-3 vote the Court allowed a road to be built through sacred Indian lands. The
Court did acknowledge that the road would in fact be devastating to their religious
practice, but simply found this to be regrettable.
Employment Division of Oregon v. Smith (1990)
Justice Scalia wrote the majority opinion for the Court, which upheld the Oregon
law against drug use, even for religious reasons, by a vote of 6-3.
Church of the Lukumi Babalu Aye v. City of
Hialeah (1993)
In 1993, the Court unanimously invalidated city ordinances outlawing animal sacrifices.
Watchtower Society vs. Village of Stratton
Should people going door-to-door for solicitations, canvassing, etc. be required to
get a permit first? The Jehovah's Witnesses don't think so, and challenged just such
a law in the Village of Stratton, Ohio. The 6th Circuit Court decided against them, but the
case will soon be decided by the Supreme Court.
ESA v. Rylander (2001)
A Texas District Court ruled that a nontheistic Ethical Culture Society deserved
a religious tax exemption. The Court rejected State arguments that religion must
be defined by a belief in a "Supreme Being."
The Oxford Companion to the Supreme Court of the United States. Kermit L. Hall, ed.
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The Oxford Guide to United States Supreme Court Decisions. Kermit L. Hall, ed.
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The Godless Court? Supreme Court Decisions on Church-State Relationships. Ronald B. Flowers.
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The Godless Constitution: The Case Against Religious Correctness. Isaac Kramnick & R. Laurence Moore.
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The Constitution and Religion: Leading Supreme Court Cases on Church and State. Robert S. Alley
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The Supreme Court on Church and State. Robert S. Alley
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