Selected Supreme Court Cases in Education and Religion



Index

Free Exercise Clause | Establishment Clause | Teachers’ Rights | Students’ Rights | Powers of School Board/State | General Right to Run a School | Parents’ Rights | Equal Protection Clause | Race | Right to an Education | Special Education | Statutory Rights | Misc. First Amendment | Other Miscellaneous



Free Exercise Clause

General

Barunfeld v. Brown 1961 (stores closed on Sunday)

Bowen v. Roy 1986 (Social Security numbers)

Church of Lukumi Babalu Aye v. City of Hialeah 1993 (ritual sacrifice)

Davis v. Beason 1890 (non bigamy requirement for electors)

Heffron v. Krishna Consciousness 1981 (no distribution at fair)

McDaniel v. Paty 1978 (bar against clergy in legislature)

Murdock v. Pennsylvania 1943 (tax on sold religious booklets)

NLRB v. Catholic Bishop 1979 (teacher’s unions at parochial schools)

Ohio v. Dayton Christian 1986 (district court should have taken suit)

Reynolds v. United States 1878 (anti-polygamy)

United States v. Ballard 1944 (mail fraud beliefs not put before jury)

United States v. Lee 1982 (payment of taxes by individuals)

Wisconsin v. Yoder 1972 (Amish schoolchildren)

Jehovah’s Witness Cases

Cantwell v. Connecticut 1940 (solicitation of funds approval requirement)

Cox v. New Hampshire 1941 (parade license)

Jones v. City of Opelika 1942 (preaching fees)

Minersville v. Gobitis 1940 (overturned) (oath to flag)

Murdock v. Pennsylvania 1943 (tax on sold religious booklets)

Taylor v. State of Mississippi, Benoit 1943 (distribution of anti-flag book)

West Virginia v. Barnette 1943 (oath to flag)

Labor/Unemployment

Sherbert v. Verner 1963 (no denial of benefits)

Thomas v. Review Bd. of Indiana 1981 (unemployment benefits)

Alamo Foundation v. Secretary of Labor 1985 (minimum wage)

Employment Div. of Oregon v. Smith 1990 (unemployment benefits)

Army/Pacifists

Hamilton v. University of California 1934 (ROTC requirement)

In re Summers 1945 (bar and conscientious objectors)

Girouard v. United States 1946 (naturalization of pacifists)

Johnson v. Robison 1974 (access to courts, denial of benefits)

Hernandez v. Veteran’s Administration 1974 (access to courts)

Goldman v. Weinberger 1986 (yarmulke)

United States v. Macintosh 1931 (naturalization of pacifists)

United States v. Schwimmer 1929 (vague pacifists)

Gillette v. United States 1971 (conscientious objector’s to particular war)

Welsh v. United States 1970 (ethical opposition to war)

United States v. Seeger 1965 (non belief in supreme being)


Establishment Clause

General

NLRB v. Catholic Bishop 1979 (teacher’s unions at parochial schools)

Torcaso v. Watkins 1961 (oath to serve government)

Larkin v. Grendel’s Den 1982 (veto over bars)

Alamo Foundation v. Secretary of Labor 1985 (minimum wage)

Corp. of Presiding Bishop v. Amos 1987 (Title VII religious org.)

Kiryas Joel v. Grumet 1994 (Hasidic school district)

Barunfeld v. Brown 1961 (stores closed on Sunday)

McGowan v. Maryland 1961 (Sunday closure laws)

Kedroff v. St. Nicholas Cathedral 1952 (transfer of control of church)

Reuben Quick Bear v. Leupp 1908 (funding of Indian sectarian schools)

Marsh v. Chambers 1983 (opening state legislature with prayer)

Procedure/Use of Courts

Serbian Eastern Orthodox Diocese v. Milivojevich 1976 (courts)

Watson v. Jones 1971 (use of courts in denominational dispute)

Wheeler v. Barrera 1974 (Title I–ripeness)

Valley Forge v. Americans United 1982 (standing)

Jones v. Wolfe 1979 (state law determinative)

Presbyterian Church v. Hill Church 1969 (court can’t use church doctrine)

Massachusetts v. Mellon 1923 (showing of harm)

Standing

Doremus v. Board of Ed. 1952 (harm, Bible reading)

Flast v. Cohen 1968 (expenditures)

Karcher v. May 1987 (former officials sued in official capacity)

Bender v. Williamsport 1986 (school board member’s appellate standing)

Religious Activities by the State

Religious Displays on Public Property

Lynch v. Donnelly 1984 (Season’s Greeting, Santa Clause)

County of Allegheny v. ACLU 1989 (crèche, menorah)

Capitol Square Advisory Board v. Pinette 1995 (KKK, public forum)

School Prayer/Bible

Engel v. Vitale 1962 (invocation in schools)

Abington v. Schempp 1963 (Bible reading each day)

Chamberlin v. Dade County 1964 (Bible & Lord’s Prayer at assemblies)

Stone v. Graham 1980 (Ten Commandments posted)

Wallace v. Jaffree 1985 (minute of silence)

Lee v. Weisman 1992 (prayer at graduation by clergy)

Marsh v. Chambers 1983 (opening state legislature with prayer)

Religious Instruction/Evolution & Creationism

McCollum v. Board of Ed. 1948 (mandated religious instruction)

Zorach v. Clauson 1952 (permission to leave for religious instruction)

Epperson v. Arkansas 1968 (teaching Evolution outlawed)

Edwards v. Aguillard 1987 (Creationism Act)

Aid to Religious Schools, /Parents, Students

Everson v. Board of Ed of Ewing Twp. 1947 (busing to private schools)

Tuition Grants and Tax Credits

Sloan v. Lemon 1973 (tuition reimbursements)

Com. for Pub. Education v. Nyquist 1973 (tuition reimbursements)

Mueller v. Allen 1983 (parents’ deduction for textbooks, transportation)

Materials Loans to Schools and Students

Board of Ed. v. Allen 1968 (textbook loans to students)

Meek v. Pettinger 1975 (textbooks, general equipment loans)

Wolman v. Walter 1977 (scorecard aid case)

Grants to Schools/Teachers

Reuben Quick Bear v. Leupp 1908 (funding of Indian sectarian schools)

Lemon v. Kurtzman 1971 (salary supplements)

Com. for Pub. Education v. Nyquist 1973 (maintenance and repair grants)

Levitt v. Committee for Pub. Education 1973 (examination grants)

Committee for Pub. Ed. v. Regan 1980 (costs of testing and reporting)

Special Programs at Private Schools

Wolman v. Walter 1977 (scorecard aid case)

Grand Rapids v. Ball 1985 (after school program for private schools)

Aguilar v. Felton 1985 (Title I funds)

Witters v. Washington 1986 (blind student at parochial college)

Zobrest v. Catalina Foothills Sch. Dist. 1993 (deaf girl)

Agostini v. Felton 1997 (Title I funds) (overturned previous cases)

Textbooks

Cochran v. Louisiana 1930 (use of tax funds for textbooks)

Board of Ed. v. Allen 1968 (textbook loans to students)

Norwood v. Harrison 1973 (textbook loans to racially segregative schools)

Meek v. Pettinger 1975 (textbooks, general equipment loans)

Wolman v. Walter 1977 (scorecard aid case)

Mueller v. Allen 1983 (parents’ deduction for textbooks, transportation)

Aid to Colleges

Tilton v. Richardson 1971 (construction of colleges)

Hunt v. McNair 1973 (bond for school buildings)

Roemer v. Board of Pubic Works of Maryland 1976 (grants to colleges)

Reimbursements for Past Unconstitutional Programs

Lemon v. Kurtzman 1973 (Lemon II–funds already allocated)

New York v. Cathedral Acad. 1977 (costs of testing and reporting)

 

Tax Exemptions

First Unitarian Church v. Los Angeles 1958 (burden of proof)

Walz v. Tax Com. 1970 (property tax exemptions)

Larson v. Valente 1982 (1/2 contributions from members)

Bob Jones University v. United States 1983 (race discrimination)

Hernandez v. IRS 1989 (Church of Scientology)

Texas Monthly v. Bullock 1989 (religious periodicals)

Jimmy Swaggart v. Board of Equalization 1990 (sales tax)

Appropriations/Grants

Bradfield v. Roberts 1899 (government contracts)

Com. for Pub. Education v. Nyquist 1973 (maintenance & repair grants)

Harris v. McRae 1980 (Hyde Amendment, abortion funding)

Bowen v. Kendrick 1988 (Adolescent Family Life Act)

Access/Freedom of Speech

Widmar v. Vincent 1981 (campus religious group)

Board of Ed. of Westside v. Mergens 1990 (Equal Access Act)

Lamb’s Chapel v. Center Moriches 1993 (school premises after hours)

Capitol Square Advisory Board v. Pinette 1995 (KKK, public forum)

Rosenberger v. University of Virginia 1995 (student publications)


Teachers’ Rights

Free Speech

Sweezy v. New Hampshire 1957 (academic freedom)

Keyishian v. Board of Regents 1967 (professor noncommunist)

Pickering v. Board of Ed. 1968 (teacher free speech)

Connick v. Myers 1983 (DA private speech)

Mt. Healthy v. Doyle 1977 (firing for speech)

Givhan v. Western Line Dist. 1979 (private conversation with principal)

Madison v. Wisconsin Employment 1976 (speech limited by bargaining)

Perry v. Sindermann 1972 (nontenured professor)

Younger v. Harris 1971 (federal interference during pending state trial)

Employee Rights

Keene State College v. Sweeney 1978 (prima facie case of discrimination)

Board of Regents v. Roth 1972 (teacher employee at will)

Cleveland v. LaFleur 1974 (mandatory pregnancy leave)

Saint Francis College v. Al-Khazraji 1987 (Arab professor)

Abood v. Detroit Bd of Ed. 1977 (use of union dues)

Ansonia Bd of Ed v. Philbrook 1986 (Title VII, religious holidays)

Chicago Teachers Union v. Hudson 1986 (nonmember union dues)

Harrah Indep. v. Martin 1979 (nonrenewal for lack of college credits)

Hortonville v. Hortonville Ed. Assoc. 1976 (firing striking teachers)

Loyalty Oath/Freedom of Association

Cramp v. Bd of Public Instr. 1961 (loyalty oath)

Shelton v. Tucker 1960 (list of associations)

Beilan v. Philadelphia 1958 (incompetence/Communist party)

Wieman v. Updegraff 1952 (loyalty oath regarding associations)

Whitehill v. Elkins 1967 (vagueness)

Elfbrandt v. Russell 1966 (aim to which person does not subscribe)

Baggett v. Bullitt 1964 (vagueness)

Slochower v. Board of Ed. 1956 (exercise of 5th Am. right at hearing)

Connell v. Higginbotham 1971 (loyalty oath)

Other Rights

Ambach v. Norwick 1979 (citizenship requirement)

School Board v. Arline 1987 (Rehabilitation Act)

Phelps v. Board of Ed. 1931 (teacher classification by salary levels)

Dodge v. Board of Education 1937 (Miller Law and pension rights)


Students’ Rights

Free Speech

Tinker v. Des Moines 1969 (black armband)

Bethel School Dist. v. Fraser 1986 (vulgar speech at assembly)

Hazelwood Sch. Dist. v. Kuhlmeier 1988 (school newspaper)

Free Speech at Colleges

Healy v. James 1972 (burden to prove disruption on college)

Widmar v. Vincent 1981 (campus religious group)

Suspension

Goss v. Lopez 1975 (suspension)

Carey v. Piphus 1978 (damages from lack of due process)

Honig v. Doe 1988 (suspension of special education students)

Board of Ed. v. McClusky 1982 (construction of intoxication policy)

Wood v. Strickland 1975 (no use of Civil Rights Act without constitutional violation)

Board of Curators v. Horowitz 1978 (medical student, Due Process)

Fourth Amendment

New Jersey v. TLO 1985 (Fourth Amendment)

Vernonia Sch. Dist. 47J v. Acton 1995 (drug testing)

[Doe v. Renfrow 1981 (drug searches using dogs) (Brennan cert. dissent)]

Other

Ingraham v. Wright 1977 (corporal punishment)

Kadrmas v. Dickinson Pub. Sch. 1988 (bus fees)

Gebser v. Lago Vista 1998 (Title XI, school liability for teacher misconduct)


Power of School Board/State

Board of Ed. v. McClusky 1982 (construction of intoxication policy)

Cochran v. Louisiana 1930 (use of tax funds for textbooks)

Bd. of Ed. v. Pico 1982 (school library)

Wood v. Strickland 1975 (construction of alcohol policy)

Zucht v. King 1922 (vaccination requirements)

Attorney Gen’l v. Thomas J. Lowrey, H.S. 1905 (power to create districts)

Board of Ed. v. De Kay 1893 (city bonds using school as collateral)

Davis v. Indiana 1876 (school funding)

Springfield Township v. Quick 1859 (state funding of schools)

Graynard v. City of Rockford 1972 (anti-noise ordinance)


General Right to Run a School

Private Schools

Pierce v. Society of Sisters 1925 (outlawed private schools)

Runyon v. McCrary 1976 (race-based schools)

Farrington v. Tokushige (1927) (outlawing foreign language schools)

Rendell-Baker v. Kohn 1982 (private school not state actor)

Curriculum

Meyer v. Nebraska 1923 (outlawing teaching German)

Bartels v. Iowa 1923 (outlawing teaching German)


Equal Protection

Gender

Mississippi University v. Hogan 1982 (all women’s school)

United States v. Virginia 1996 (same-sexed school)

Voting/Elections

Kramer v. Union Free Sch. Dist. 1969 (parent/owner voter qualifications)

Sailors v. Board of Ed. 1967 (no election for school bd. administrators)

Turner v. Fouche 1970 (freeholder requirement to be on board of ed.)

Other

Skinner v. Oklahoma 1942 (sterilization and Equal Protection Clause)

Phelps v. Board of Ed. 1931 (teacher classification by salary levels)

Zucht v. King 1922 (vaccination requirements for students)

Idaho Dept. of Employment v. Smith 1977 (employment benefits)

Police Dept. of Chicago v. Mosley 1972 (picketing by school)

Kadrmas v. Dickinson Pub. Sch. 1988 (bus fees)

Barunfeld v. Brown 1961 (stores closed on Sunday)

McGowan v. Maryland 1961 (Sunday closure laws)

Graynard v. City of Rockford 1972 (picketing by school)

Yu Cong Eng v. Trinidad 1926 (books kept in Chinese)


Parental Rights

General

Prince v. Massachusetts 1944 (child labor)

Ginsberg v. New York 1968 (obscenity sold to minors)

Palmore v. Sidoti 1984 (best interests of child and race)

Stanley v. Illinois 1972 (unwed father’s hearing, termination of rights)

Saint Francis College v. Al-Khazraji 1987 (Arab professor)

School

Farrington v. Tokushige (1927) (outlawing foreign language schools)

Wisconsin v. Yoder 1972 (Amish schoolchildren)

Runyon v. McCrary 1976 (race-based schools)


Race

General

Palmore v. Sidoti 1984 (best interests of child and race)

Norwood v. Harrison 1973 (textbook loans to racially segregative schools)

Wygant v. Jackson Board of Ed. 1986 (minority hiring preferences

Gilmore v. Montgomery 1974 (allocation of recreational facilities)

United States v. Scotland Neck 1972 (creation of new district)

Wright v. City Emporia 1972 (creation of new district)

Griggs v. Duke Power Company 1971 (high school diploma for workers)

Regents v. Bakke 1978 (race preferences and admissions)

Turner v. Fouche 1970 (freeholder requirement to be on board of ed.)

Allen v. Wright (standing to sue IRS)

Race and Schools

Gung Lum v. Rice 1927 (separate schools for Asians)

Sweatt v. Painter 1950 (black law schools)

Brown v. Board of Ed. of Topeka 1954 (Brown I)

Keyes v. Denver 1973 (burden of proof for schools in the district)

Alexander v. Holmes County 1969 (obligation of all districts)

Bolling v. Sharpe 1954 (desegregation of DC)

Griffin v. Prince Edward County 1964 (closing public schools)

Busing/Implementation

Brown v. Board of Ed. of Topeka 1955 (Brown II)

Swann v. Charlotte-Mecklenberg 1971 (mathematical ratios)

McDaniel v. Barresi 1971 (blacks can be bussed to white area schools)

Milliken v. Bradley 1974 (muti-district remedy)

Green v. County Sch. Bd 1968 (freedom of choice plan)

Cooper v. Aaron 1958 (good faith defense for nonimplementation)

Crawford v. Los Angeles 1982 (state amendment regarding busing)

Washington v. Seattle 1982 (nearest school legislation)

Dayton v. Brinkman 1979 (duel system since 1954, system-wide remedy)

Columbus Bd of Ed. v. Penick 1979 (system-wide remedy)

North Carolina v. Swann 1971 (anti-busing statute)

Davis v. Mobile 1981 (inadequate plan by county)

Northcross v. Board of Ed. 1970 (adequacy of implementation)

Dayton Bd of Ed. v. Brinkman 1977 (no need for system wide remedy)

Pasadena v. Spangler 1976 (population shifts)

Raney v. Bd of Ed. 1968 (freedom of choice plan)

Rogers v. Paul 1965 (students assigned to black school, immediate relief)

Bradley v. School Bd 1965 (faculty allocation)

Goss v. Board of Education 1963 (student option to be in majority)

United States v. Montgomery County 1969 (ratios of teachers)

Monroe v. Jackson, Tenn. 1968 (free transfer system)

Board of Ed. v. Dowell 1991 (dissolution of desegregation decrees)

Missouri v. Jenkins 1990 (taxes for funding desegregation)

Procedure of cases

Carter v. West Feliciana 1970 (remand for rehearing)

Dowell v. Board of Ed. 1969 (implementation pending appeal)

Milliken v. Bradley 1977 (abuse of discretion, Eleventh Amendment)

Pasadena v. Spangler 1976 (mootness and intervention of United States)

Bradley v. Richmond 1974 (attorney’s fees)

Bradley v. School Bd 1965 (evidentiary hearing)

McNeese v. Board of Ed. 1963 (immateriality of legality of actions)

Freeman v. Pitts 1992 (release of jurisdiction in stages)

Appointments

Mayor of Philadelphia v. EEL 1974 (no evidence of discrimination)

Civil Rights Statutes

Runyon v. McCrary 1976 (race-based schools)

UJO of Williamsburgh, Inc. v. Carey 1977 (redistricting plan)


Right to an Education

San Antonio Indep. Sch. Dist. v. Rodriguez 1973 (funding system)

Lau v. Nichols 1974 (bilingual education)

Plyler v. Doe 1982 (illegal immigrants)

Martinez v. Bynum 1983 (residency requirements)


Special Education/Entitlements

General

Honig v. Doe 1988 (suspension of special education students)

Board of Ed. v. Rowley 1982 (free appropriate public education)

Inving Indep. v. Tatro 1984 (catheterization)

Lau v. Nichols 1974 (bilingual education)

Smith v. Robinson 1984 (attorney’s fees)

Southeastern v. Davis 1979 deaf woman into nursing program

Dellmuth v. Muth 1989 (Eleventh Amendment)

Placement

Burlington v. Dept. of Ed. 1985 (reimbursement for private placement)

Florence v. Carter 1993 (parental placement/reimbursement)

Establishment Clause

Witters v. Washington 1986 (blind student at parochial college)

Zobrest v. Catalina Foothills Sch. Dist. 1993 (deaf girl)

Wheeler v. Barrera 1974 (Title I–location of services)

Title I/Chapter I

Bennett v. New Jersey 1985 (retroactivity of 1978 Amendments)

Wheeler v. Barrera 1974 (Title I–location of services)

Aguilar v. Felton 1985 (Establishment Clause)

Agostini v. Felton 1997 (Establishment Clause) (overturned Aguilar)

Bennett v. Kentucky Dept. of Ed. 1985 (misuse of funds)

Bell v. New Jersey and Pennsylvania 1983 (misuse of funds, 10th Am.)


Statutory Rights

Misc.

Board of Ed. v. Harris 1979 (ESAA and discriminatory impact)

Griggs v. Duke Power Company 1971 (high school diploma for workers)

Wood v. Strickland 1975 (no use of Civil Rights Act by student without constitutional violation)

Jett v. Dallas Indep. Sch. Dist. 1989 (school responsibility for employees)

§ Sexual Harassment–Title VII, IX/Gender Discrimination

Meritor Savings v. Vinson 1986 (hostile environment sexual harassment)

Cannon v. U of C 1979 (gender discriminatory nonadmittance)

Franklin v. Gwinnett County 1992 (Title IX, damages against HS)

Univ. of Texas v. Camenisch 1981 (appellate bonds Rehabilitation Act)

North Haven Bd of Ed. v. Bell 1982 (Title IX, employment discrimination)

Dougherty County, Ga. Bd of Ed. v. White 1978 (VRA, unpaid leave)

Burlington Industries v. Ellerth 1998 (Title VII, employer liability)

Gebser v. Lago Vista 1998 (Title XI, school liability for teacher misconduct)

Faragher v. City of Boca Raton 1998 (Title VII, employer liability)

Other Title VII

Chardon v. Fernandez 1981 (statute of limitations day of notice , Title VII)

Delaware State College v. Ricks 1980 (timeliness of Title VII claims)

TWA v. Hardison 1977 (Title VII, Sabbath shift swap, seniority system)

Ansonia Bd of Ed v. Philbrook 1986 (Title VII, religious holidays)

§ 1983 Actions

Farrar v. Hobby 1992 (attorney’s fees in §1983 actions, prevailing party)

Texas State Teachers v. Garland 1989 (attorney’s fees prevailing party)

Howlett v. Rose 1992 (state courts hearing § 1983 claims, supremacy clause)

Memphis Community Sch. Dist. v. Stachura 1986 (abstract damages)

Webb v. Board of Ed. 1985 (attorney’s fees, optional admin. proceedings)

Migra v. Warren City Sch. Dist. 1984 (claim preclusion)

Patsy v. Board of Regents 1982 (no need to exhaust state remedies)

Board of Comm. v. Brown 1997 (municipality must be moving force)

O’Connor v. Ortega 1987 (searches by public employers)

Monell v. Dept. of Social Services 1978 (local municipalities)

Allen v. McCurry 1980 (collateral estoppel)

Martinez v. State of California 1980 (parole murder, remoteness)

Quern v. Jordan 1979 (Eleventh Amendment)

Monroe v. Pape 1961 (local municipalities personess)

Mitchum v. Foster 1972 (injunctions)

City of Los Angeles v. Lyons 1983 (injunctions, standing)

Owen v. Independence 1980 (qualified immunity)

Paratt v. Taylor 1981 (violation of due process necessary)

Harlow v. Fitzgerald 1982 (qualified immunity of presidential aides)

Patsy v. Board of Regents 1982 (exhaustion of state remedies not required)

Migra v. Warren City 1984 (res judicata)


Other First Amendment

Cox v. New Hampshire 1941 (parade license)

Connick v. Myers 1983 (DA private speech)

Milkovich v. Lorain Journal Co. 1990 (wrestling coach’s defamation)

Perry Ed Assoc. v. Perry Local 1983 (access to school mailboxes)


Miscellaneous

Police Dept. of Chicago v. Mosley 1972 (picketing by school)

Cummings v. Missouri 1866 (oath against Confederacy ex post facto)

UJO of Williamsburgh, Inc. v. Carey 1977 (redistricting plan)

Rendell-Baker v. Kohn 1982 (private school not state actor)

Clark v. Creative Non-Violence 1984 (TPM restriction at national park)

Madsen v. Women’s Health Center 1994 (injunctions, abortion)

Barenblatt v. United States 1959 (Communist Party/First Amendment)

Skinner v. Oklahoma 1942 (sterilization and Equal Protection Clause)

Carnegie-Mellon Univ. v. Cohill 1988 (remand back to state court)

Taylor v. State of Mississippi, Benoit 1943 (distribution of anti-flag book)

New Orleans v. John Fisher 1901 (delinquent tax collection interest)

Hadley v. Junior College Dist. 1970 (vote allocation and dilution)

Honig v. California For the Blind 1985 (physical condition, mootness)

Askew v. Hargrave 1971 (subsequent filing of state claims)

City of Boerne v. Flores 1997 (RFRA, Congress’s powers)

St. Martin v. South Dakota 1981 (employment tax statute at church school)

Lawrence County v. Lead-Deadwood 1985 (Supremacy Clause)

Massachusetts v. Mellon 1923 (showing of harm)

Younger v. Harris 1971 (federal interference during pending state trial)



Copyright Lawrence D. Weinberg 1999. All Rights Reserved.

Note: This page has not been updated since 1999.





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