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Thomas Vs. Review Bd., Ind. Empl. Sec. Div.
Cites for this judgment
- US Supreme Court
- Apr 06, 1981
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Thomas v. ReviewSearch
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Bd., Ind. Empl. Sec. Div. - 450 U.S. 707 (1981) U.S. Supreme Court Thomas v. ReviewSearch
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Bd., Ind. Empl. Sec. Div., 450 U.S. 707 (1981) Thomas v. ReviewSearch
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compensation benefits to petitioner violated his First Amendment right to free exercise of religion under Sherbert v. VernerSearch
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First Amendment. The judgment under review must be examined in light of our prior decisions, particularly Sherbert v. VernerSearch
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by the Free Exercise Clause, which, by its terms, gives special protection to the exercise of religion. Sherbert v. VernerSearch
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Everson v. BoardSearch
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U.S. at 406 U. S. 220 . Cf. Walz v. TaxSearch
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U.S. at 374 U. S. 409 . See also Wisconsin v. YoderSearch
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Walz v. TaxSearch
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O'Hair v. AndrusSearch
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Torcaso v. WatkinsSearch
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A similar interest -- the integrity of the insurance fund -- was advanced and rejected in Sherbert v. VernerSearch
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into the Fourteenth Amendment and thereby made applicable against the States, Stromberg v. CaliforniaSearch
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enacted, the First Amendment applied only to the Federal Government, not the government of the States. Barron v. BaltimoreSearch
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would diminish almost to the vanishing point if the Clauses were properly interpreted. Just as it did in Sherbert v. VernerSearch
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is warranted. As to the proper interpretation of the Free Exercise Clause, I would accept the decision of Braunfeld v. BrownSearch
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statute to the dictates of religious conscience of any group. As Justice Harlan recognized in his dissent in Sherbert v. VernerSearch
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today, squarely conflict with the more extreme language of many of our prior Establishment Clause cases. In Everson v BoardSearch
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Id. at 330 U. S. 11 , 330 U. S. 15 . In Torcaso v. WatkinsSearch
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And in Abington School District v. SchemppSearch
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Engel v. VitaleSearch
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Clause and has stated a three-part test to determine the constitutionality of governmental aid to religion. See Lemon v. KurtzmanSearch
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inhibits religion. And third, the State and its administration must avoid excessive entanglement with religion. Walz v. TaxSearch
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the proper approach to free exercise questions, I believe that JUSTICE STEWART, dissenting in Abington School District v. SchemppSearch
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Id. at 374 U. S. 314 . See McCollum v. BoardSearch
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would be constitutionally permissible because it redounds directly to the benefit of the individual. Accord, Wolman v. WalterSearch
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statute to make every personal subjective reason for leaving a job a basis for disqualification. E.g., Geckler v. ReviewSearch
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To the extent Sherbert was correctly decided, it might be argued that cases such as McCollum v. BoardSearch
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Abington School District v. SchemppSearch
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and Committee for Public Education v. NyquistSearch
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U.S. Supreme Court Thomas v. ReviewSearch
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Cf. Walz v. TaxSearch
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the States, Stromberg v. CaliforniaSearch
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of the States. Barron v. BaltimoreSearch
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of Braunfeld v. BrownSearch
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In Everson v. BoardSearch
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In Torcaso v. WatkinsSearch
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See Lemon v. KurtzmanSearch
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Public Education v. NyquistSearch
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See McCollum v. BoardSearch
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Accord, Wolman v. WalterSearch
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E.g., Geckler v. ReviewSearch
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McCollum v. BoardSearch
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