mcdaniel
paty
argued
december
decided
april
appellee
paty
candidate
delegate
tennessee
constitutional
convention
sued
state
chancery
declaratory
judgment
appellant
opponent
baptist
minister
disqualified
serving
delegate
tennessee
statutory
provision
establishing
qualifications
constitutional
convention
delegates
membership
state
house
representatives
thus
invoking
tennessee
constitutional
provision
barring
inister
gospel
priest
denomination
whatever
held
statutory
provision
violated
first
fourteenth
amendments
tennessee
reversed
holding
clergy
disqualification
imposed
burden
religious
belief
restricted
religious
action
law
making
process
government
religious
action
absolutely
prohibited
establishment
clause
held
judgment
reversed
case
remanded
pp
reversed
remanded
chief
justice
joined
justice
powell
justice
rehnquist
justice
stevens
concluded
tennessee
disqualification
directed
primarily
religious
belief
status
acts
conduct
clergy
therefore
free
exercise
clause
absolute
prohibition
infringements
freedom
believe
inapposite
torcaso
watkins
invalidated
state
requirement
appointee
public
office
declare
belief
existence
god
distinguished
pp
nevertheless
challenged
provision
violates
appellant
first
amendment
right
free
exercise
religion
made
applicable
fourteenth
amendment
conditions
right
free
exercise
religion
surrender
right
seek
office
sherbert
verner
though
justification
asserted
establishment
clause
statutory
restriction
ground
elected
public
office
members
clergy
necessarily
promote
interests
one
sect
thwart
another
contrary
principle
neutrality
tennessee
failed
demonstrate
views
dangers
clergy
participation
political
process
lost
whatever
validity
may
enjoyed
accordingly
need
inquire
whether
state
legislative
goal
permissible
pp
justice
brennan
joined
justice
marshall
concluded
free
exercise
clause
violated
challenged
provision
pp
freedom
belief
protected
clause
embraces
freedom
profess
practice
belief
even
including
livelihood
tennessee
disqualification
establishes
condition
office
willingness
eschew
certain
protected
religious
practices
provision
therefore
establishes
religious
classification
governing
eligibility
office
absolutely
prohibited
torcaso
watkins
supra
pp
fact
law
directly
prohibit
religious
exercise
merely
conditions
eligibility
office
abandonment
alter
protection
afforded
free
exercise
clause
governmental
imposition
choice
puts
kind
burden
upon
free
exercise
religion
fine
sherbert
verner
supra
tennessee
disqualification
provision
therefore
imposed
unconstitutional
penalty
appellant
free
exercise
moreover
fact
person
compelled
hold
public
office
possibly
excuse
barring
office
criteria
forbidden
constitution
sherbert
verner
supra
pp
tennessee
disqualification
also
violates
establishment
clause
government
generally
may
use
religion
basis
classification
imposition
duties
penalties
privileges
benefits
specifically
government
may
fence
political
participation
people
ministers
regards
overinvolved
religion
disqualification
provision
employed
tennessee
establishes
religious
classification
primary
effect
inhibiting
religion
pp
justice
stewart
concluded
torcaso
watkins
supra
controls
case
except
fact
tennessee
bases
disqualification
person
statement
belief
decision
pursue
religious
vocation
directed
belief
situation
torcaso
indistinguishable
one
pp
justice
white
concluded
tennessee
disqualification
interfering
appellant
right
exercise
religion
desires
denies
equal
protection
though
disqualification
based
state
asserted
interest
maintaining
required
separation
church
state
reasonably
necessary
objective
except
tennessee
able
realize
without
burdening
ministers
rights
candidacy
addition
statute
underinclusive
overinclusive
pp
footnotes
frederic
le
clercq
argued
cause
filed
brief
appellant
kenneth
herrell
assistant
attorney
general
tennessee
argued
cause
appellees
brief
appellees
hassler
et
al
brooks
mclemore
attorney
general
hayes
cooney
chief
deputy
attorney
general
phillip
lawrence
filed
brief
appellee
paty
leo
pfeffer
abraham
goldstein
joel
gora
george
mckeag
john
redmond
james
respess
thomas
shaw
filed
brief
american
civil
liberties
union
et
al
amici
curiae
urging
reversal
chief
justice
burger
announced
judgment
delivered
opinion
justice
powell
justice
rehnquist
justice
stevens
joined
question
presented
appeal
whether
tennessee
statute
barring
minister
gospel
priest
denomination
whatever
serving
delegates
state
limited
constitutional
convention
deprived
appellant
mcdaniel
ordained
minister
right
free
exercise
religion
guaranteed
first
amendment
made
applicable
fourteenth
amendment
first
amendment
forbids
laws
prohibiting
free
exercise
religion
first
constitution
tennessee
disqualified
ministers
serving
legislators
disqualifying
provision
continued
unchanged
since
adoption
art
state
constitution
state
legislature
applied
provision
candidates
delegate
state
limited
constitutional
convention
enacted
ch
pub
acts
citizen
state
qualify
membership
house
representatives
general
assembly
may
become
candidate
delegate
convention
mcdaniel
ordained
minister
baptist
church
chattanooga
filed
candidate
delegate
constitutional
convention
opposing
candidate
appellee
selma
cash
paty
sued
chancery
declaratory
judgment
mcdaniel
disqualified
serving
delegate
judgment
striking
name
ballot
chancellor
franks
chancery
held
ch
violated
first
fourteenth
amendments
federal
constitution
declared
mcdaniel
eligible
office
delegate
accordingly
mcdaniel
name
remained
ballot
ensuing
election
elected
vote
almost
equal
three
opposing
candidates
election
tennessee
reversed
chancery
holding
disqualification
clergy
imposed
burden
upon
religious
belief
restricted
religious
action
lawmaking
process
government
religious
action
absolutely
prohibited
establishment
clause
state
interests
preventing
establishment
religion
avoiding
divisiveness
tendency
channel
political
activity
along
religious
lines
resulting
clergy
participation
political
affairs
deemed
sufficiently
weighty
justify
disqualification
notwithstanding
guarantee
free
exercise
clause
noted
probable
jurisdiction
ii
disqualification
ministers
legislative
office
practice
carried
england
seven
original
later
six
new
similarly
excluded
clergymen
political
offices
stokes
church
state
hereafter
stokes
england
practice
excluding
clergy
house
commons
justified
variety
grounds
prevent
dual
officeholding
membership
minister
parliament
convocation
insure
priest
deacon
devoted
sacred
calling
rather
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activities
appropriate
member
house
commons
prevent
ministers
subject
crown
powers
benefices
clergy
using
membership
commons
diminish
independence
increasing
influence
king
nobility
macmanaway
purpose
several
providing
disqualification
primarily
assure
success
new
political
experiment
separation
church
state
stokes
prior
colonies
form
established
church
even
ratification
first
amendment
prohibited
federal
government
following
course
continued
provisions
see
massachusetts
last
state
accept
disestablishment
light
history
widespread
awareness
period
undue
often
dominant
clerical
influence
public
political
affairs
england
continent
surprising
strong
views
held
one
way
assure
disestablishment
keep
clergymen
public
office
indeed
foremost
political
philosophers
statesmen
period
held
views
regarding
clergy
earlier
john
locke
argued
confining
authority
english
clergy
within
bounds
church
manner
extended
civil
affairs
church
thing
absolutely
separate
distinct
commonwealth
works
john
locke
baldwin
ed
thomas
jefferson
initially
advocated
position
draft
constitution
virginia
james
madison
however
disagreed
vigorously
urged
position
view
accurately
reflects
spirit
purpose
religion
clauses
first
amendment
madison
response
jefferson
position
exclusion
ministers
gospel
violate
fundamental
principle
liberty
punishing
religious
profession
privation
civil
right
violate
another
article
plan
exempts
religion
cognizance
civil
power
violate
justice
taking
away
right
prohibiting
compensation
fine
violate
impartiality
shutting
door
ministers
one
religion
leaving
open
every
writings
james
madison
hunt
ed
clergyman
denomination
shall
capable
elected
member
senate
house
representatives
insert
grounds
offensive
disqualification
able
discover
provided
always
true
intent
meaning
part
constitution
time
shall
completely
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clerical
character
invested
deposition
cursing
swearing
drunkenness
uncleanness
shall
fully
restored
privileges
free
citizen
offense
clergyman
shall
remembered
may
chosen
either
senate
house
representatives
shall
treated
respect
due
brethren
members
assembly
stokes
essence
aspect
national
history
selection
rejection
clergymen
public
office
soon
came
viewed
something
safely
left
good
sense
desires
people
brief
review
history
provisions
also
amply
demonstrates
however
least
early
segment
national
life
provisions
enjoyed
support
responsible
american
statesmen
accepted
rational
basis
background
lightly
invalidate
statute
enacted
pursuant
provision
state
constitution
sustained
highest
challenged
provision
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tennessee
clothed
presumption
validity
bound
give
deference
however
right
free
exercise
religion
unquestionably
encompasses
right
preach
proselyte
perform
similar
religious
functions
words
minister
type
mcdaniel
found
murdock
pennsylvania
cantwell
connecticut
tennessee
also
acknowledges
right
adult
citizens
generally
seek
hold
office
legislators
delegates
state
constitutional
convention
tenn
art
code
ann
supp
yet
provision
mcdaniel
exercise
rights
simultaneously
state
conditioned
exercise
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james
madison
words
state
punishing
religious
profession
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right
writings
james
madison
supra
tennessee
encroached
upon
mcdaniel
right
free
exercise
religion
condition
availability
benefits
including
access
ballot
upon
appellant
willingness
violate
cardinal
principle
religious
faith
surrendering
religiously
impelled
ministry
effectively
penalizes
free
exercise
constitutional
liberties
sherbert
verner
tennessee
disqualification
provision
viewed
depriving
clergy
civil
right
solely
religious
beliefs
inquiry
end
free
exercise
clause
categorically
prohibits
government
regulating
prohibiting
rewarding
religious
beliefs
cantwell
connecticut
supra
torcaso
watkins
reviewed
maryland
constitutional
requirement
holders
office
profit
trust
state
declare
belief
existence
god
striking
maryland
requirement
evaluate
interests
assertedly
justifying
rather
held
violated
freedom
religious
belief
view
however
torcaso
govern
terms
tennessee
disqualification
operates
mcdaniel
status
minister
priest
meaning
words
course
question
state
law
although
question
examined
extensively
sources
authority
available
indicates
ministerial
status
defined
terms
conduct
activity
rather
terms
belief
tennessee
disqualification
directed
primarily
status
acts
conduct
unlike
requirement
torcaso
focused
belief
hence
free
exercise
clause
absolute
prohibition
infringements
freedom
believe
inapposite
mean
course
disqualification
escapes
judicial
scrutiny
mcdaniel
activity
enjoy
significant
first
amendment
protection
recently
declared
wisconsin
yoder
essence
said
written
subject
interests
highest
order
otherwise
served
overbalance
legitimate
claims
free
exercise
religion
hold
ch
violates
mcdaniel
first
amendment
right
free
exercise
religion
made
applicable
fourteenth
amendment
accordingly
judgment
tennessee
reversed
case
remanded
proceedings
inconsistent
opinion
reversed
remanded
whereas
ministers
gospel
profession
dedicated
god
care
souls
diverted
great
duties
functions
therefore
minister
gospel
priest
denomination
whatever
shall
eligible
seat
either
house
legislature
tenn
art
viii
judgment
tennessee
stayed
final
disposition
appeal
mcdaniel
currently
serving
delegate
maryland
virginia
north
carolina
south
carolina
georgia
new
york
delaware
pfeffer
church
state
freedom
rev
ed
three
new
york
delaware
south
carolina
barred
clergymen
holding
political
office
ibid
papers
thomas
jefferson
boyd
ed
jefferson
later
concluded
experience
demonstrated
need
exclude
clergy
elected
office
letter
jeremiah
moor
stated
scheme
constitution
virginia
prepared
observe
abridgment
right
elected
years
experience
reflection
approve
incapacitation
clergyman
elected
clergy
getting
established
law
ingrafted
machine
government
formidable
engine
civil
religious
rights
man
still
many
countries
even
even
doubted
stability
recent
measures
reducing
footing
useful
callings
appears
means
effectual
clergy
seem
relinquished
pretensions
privilege
stand
footing
lawyers
physicians
therefore
possess
rights
works
jefferson
ford
ed
case
tennessee
concluded
disqualification
mcdaniel
interfere
religious
belief
whether
ministerial
status
defined
state
law
implicates
freedom
act
absolute
freedom
believe
cantwell
connecticut
must
resolved
free
exercise
clause
thus
although
consider
tennessee
resolution
issue
bound
tennessee
constitutional
provision
embodying
disqualification
inferentially
defines
ministerial
profession
terms
duties
include
care
souls
tenn
art
case
tennessee
stated
disqualification
reaches
filling
leadership
role
religion
dedicated
full
time
promotion
religious
objectives
particular
religious
sect
emphasis
added
tennessee
defining
priest
also
referred
dictionary
definition
one
performs
sacrificial
ritualistic
mediatorial
interpretative
ministerial
functions
quoting
webster
third
new
international
dictionary
emphasis
added
absolute
protection
afforded
belief
first
amendment
suggests
cautious
expanding
scope
protection
since
might
leave
government
powerless
vindicate
compelling
state
interests
thus
courts
sustained
government
prohibitions
handling
venomous
snakes
drinking
poison
even
part
religious
ceremony
state
ex
rel
swann
pack
cert
denied
state
massey
appeal
dismissed
want
substantial
federal
question
sub
nom
bunn
north
carolina
precluded
application
criminal
sanctions
religious
use
peyote
people
woody
cal
cf
oliver
udall
app
reaching
constitutional
issue
religiously
impelled
refusal
comply
mandatory
education
laws
past
eighth
grade
wisconsin
yoder
need
pass
conclusions
reached
pack
woody
reviewed
cases
illustrative
general
nature
free
exercise
protections
delicate
balancing
required
decisions
sherbert
verner
wisconsin
yoder
important
state
interest
shown
struggle
separation
church
state
virginia
influenced
developments
federal
government
waged
others
addition
secular
leaders
jefferson
madison
george
mason
many
clergymen
vigorously
opposed
established
church
see
stokes
suggests
imprecision
assumption
even
early
days
republic
ministers
legislators
support
measures
antithetical
separation
church
state
justice
brennan
justice
marshall
joins
concurring
judgment
hold
legislative
call
tennessee
constitutional
convention
extent
incorporates
art
tennessee
constitution
see
ante
violates
free
exercise
establishment
clauses
first
amendment
applied
fourteenth
amendment
therefore
concur
reversal
judgment
tennessee
tennessee
sustained
tennessee
exclusion
ground
infringe
upon
religious
belief
religious
action
within
protection
free
exercise
clause
indirect
burden
may
imposed
upon
ministers
priests
excluding
lawmaking
process
government
justified
compelling
state
interest
maintaining
wall
separation
church
state
reaching
conclusion
state
relied
two
interrelated
propositions
inconsistent
decisions
first
distinction
may
made
religious
belief
religious
action
one
hand
career
calling
ministry
stated
religious
belief
career
calling
one
identified
dedicated
full
time
promotion
religious
objectives
particular
religious
sect
disqualifies
second
disqualification
provision
interfere
free
exercise
religion
practice
ministry
left
unimpaired
candidacy
legislative
office
proscribed
characterization
exclusion
one
burdening
appellant
career
calling
religious
belief
withstand
analysis
clearly
freedom
belief
protected
free
exercise
clause
embraces
freedom
profess
practice
belief
even
including
earn
livelihood
one
religious
belief
surely
cease
enjoy
protection
first
amendment
held
depth
sincerity
impel
one
join
ministry
whether
provision
discriminates
among
religions
accept
purposes
discussion
state
construction
establishes
religious
classification
involvement
protected
religious
activity
governing
eligibility
office
believe
absolutely
prohibited
provision
imposes
unique
disability
upon
exhibit
defined
level
intensity
involvement
protected
religious
activity
classification
much
imposes
test
office
based
religious
conviction
one
based
denominational
preference
law
limits
political
participation
eschew
prayer
public
worship
ministry
much
establishes
religious
test
one
disqualifies
catholics
jews
protestants
wieman
updegraff
challenged
provision
establishes
condition
office
willingness
eschew
certain
protected
religious
practices
torcaso
watkins
compels
conclusion
violates
free
exercise
clause
torcaso
struck
maryland
requirement
appointee
office
notary
public
declare
belief
existence
god
expressly
disavowing
historically
constitutionally
discredited
policy
probing
religious
beliefs
test
oaths
limiting
public
offices
persons
perhaps
properly
profess
belief
particular
kind
religious
concept
omitted
principle
equally
condemns
religious
qualification
elective
office
imposed
tennessee
second
proposition
law
interfere
free
exercise
directly
prohibit
religious
activity
merely
conditions
eligibility
office
abandonment
also
squarely
rejected
precedent
sherbert
verner
state
statute
disqualifying
unemployment
compensation
benefits
persons
unwilling
work
saturdays
held
violate
free
exercise
clause
applied
sabbatarian
whose
religious
faith
forbade
saturday
work
decision
turned
upon
fact
ruling
forces
choose
following
precepts
religion
forfeiting
benefits
one
hand
abandoning
one
precepts
religion
order
accept
work
hand
governmental
imposition
choice
puts
kind
burden
upon
free
exercise
religion
fine
imposed
appellant
saturday
worship
similarly
prohibiting
legislative
service
person
leadership
role
religious
faith
tennessee
disqualification
provision
imposed
unconstitutional
penalty
upon
appellant
exercise
religious
faith
tennessee
political
exclusion
distinguished
sherbert
welfare
disqualification
tennessee
thought
suggesting
unemployment
compensation
involved
sherbert
necessary
sustain
life
participation
constitutional
convention
voluntary
activity
compelled
religious
belief
torcaso
answers
contention
held
fact
person
compelled
hold
public
office
possibly
excuse
barring
office
criteria
forbidden
constitution
opinion
tennessee
makes
clear
statute
requires
appellant
disqualification
solely
minister
religious
faith
appellant
renounce
ministry
presumably
regain
eligibility
elective
office
must
forgo
opportunity
political
participation
otherwise
enjoy
sherbert
torcaso
compel
conclusion
challenged
provision
requires
appellant
purchase
right
engage
ministry
sacrificing
candidacy
impairs
free
exercise
religion
plurality
recognizes
torcaso
held
categorically
prohibit
ed
provision
disqualifying
political
office
basis
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