The Constitutional Principle: Separation of Church and State
State and U.S. Supreme Court Cases 1799-1947
The descriptions shown here are incomplete. Check back as we update over the coming weeks. |
Many of the state Supreme Court cases listed here are cases that David Barton cited and frequently misrepresented in his book The Myth of Separation, in some of his video tapes and, in some instances, in his book Originial Intent.
The list was assembled from The Myth of Separation by David Barton and from Church and State in the United States (Revised one-volume Edition) by Anson Phelps Stokes (1874-1958) and Leo Pfeffer (1910-1993). See the Source column to determine who cites the case. "B" is for Barton, "P" is for Stokes & Pfeffer.
Over the coming weeks, we will elaborate upon the brief descriptions given and provide analyses of the decisions.
| Date | Source | Court | Case Cite | Description | |
| 1799 | B | MD | Runkel v Winemiller, 4 Harris & McHenry 276 | Conflict between minister and his church (cited 2 times in MYTH) | |
| 1799 | B | MD | John M'Creery's Lessee v Allender, 4 H & Mett. 259 | Will probate (cited 2 times in MYTH) | |
| 1811 | B | NY | The People v Ruggles, 8 Johns 545 | Blasphemy case (cited 12 times in MYTH) | |
| 1815 | P | U.S. | Terrett v Tylor, 9 Cr. 43 | First case to reach Supreme Court in the realm of church/state. Decision written by Joseph Story. | |
| 1815 | B | PA | The Commonwealth v Sharpless, 2 Serg & R. 91 | Porno ???? case (cited 6 times in MYTH) | |
| 1817 | B | PA | The Commonwealth v Wolf, 3 Serg. & R. 48 | Sabbath case (cited 2 times in MYTH) | |
| 1824 | B | PA | Updegraph v Commonwealth, 11 Serg. & R. (Pa) 394 | Blasphemy case (cited 13 times in MYTH) | |
| 1838 | B | MA | Commonwealth v Abner Kneeland, 37 Mass. (20 Pick) 206 | Blasphemy case (cited 5 times in MYTH) | |
| 1844 | P | B | U.S. | Vidal v Girard's Executors, 2 How. 127 | Will Probate. Joseph Story wrote the opinion. (cited 5 times in MYTH) |
| 1845 | P | U.S. | Permoli v First Municipality of New Orleans, 3 How. 589 | S.C. dismissed the appeal saying that since La had become a state, it (the S C ) had no jurisdiction. Had La still been a territory, it would have had jurisdiction. | |
| 1846 | B | SC | City of Charleston v Benjamin, 2 Strob. 508 | Sabbath violation (cited 7 times in MYTH) | |
| 1872 | P | U.S. | Watson v Jones, 13 Wall 679 | S C said it had no power to decide which of the two factions of the Presbyterian church was correct. | |
| 1878 | P | U.S. | Reynolds v U S, 98 U.S. 145 | First of the Mormon cases and was decided under civil law, First mention of Jefferson's metaphor (Wall of Separation) | |
| 1885 | B | U.S. | Murphey v Ramsey, 144 U.S. 15 | Another of the Mormon cases (cited 3 times in MYTH) | |
| 1890 | P | B | U.S. | Davis v Beason, 133 U.S. 333 | Basically part of the overall Mormon cases Bigamy polygamy cases followed the Reynolds reasoning i.e., civil law. (cited 5 times in MYTH) |
| 1890 | P | U.S. | Church of Jesus Christ of Latter-day Saints v US, 136 U.S. 1 | Last of the Mormon cases | |
| 1892 | P | B | U.S. | Church of the Holy Trinity v U.S., 143 U.S. 266 | Immigration case (cited 20 times in MYTH) |
| 1899 | P | U.S. | Bradfield v Roberts, 175 U.S. 599 | District of Columbia entered into a contract with a Catholic Hospital to help fund building buildings on the hospital grounds and to pay a certain amount for each poor patient taken and treated by the hospital. A taxpayer had filed suit claiming violation of the 1st Amendment. | |
| 1905 | P | U.S. | Jacobson v Massachusetts, 197 U.S. 11 | Upheld a Massachusetts vaccination statute compelling all citizens to be vaccinated | |
| 1908 | P | U.S. | Quick Bear V Leupp, 210 U.S. 50 | Upheld the use of treaty and other funds held by the federal government as trustee could be legally disbursed to private religious schools at the designation of the Indians as tuition. | |
| 1918 | P | U.S. | Arver v U S, 245 U.S. 366 | Selective draft law of 1917 exempted ministers, theological students and members of some religious denominations | |
| 1923 | P | U.S. | Meyer v Nebraska, 262 U.S. 390 | Teaching anything other then English in private religious schools | |
| 1930 | P | U.S. | Cochran v. Louisiana STATE BD OF ED, 281 U.S. 370 | Secular textbooks | |
| 1931 | P | B | U.S. | U.S. v Macintosh, 283 U.S. 605 | Citizenship of a Canadian who was a Baptist minister |
| 1934 | P | U.S. | Hamilton v Regents of the U of California, 293 U.S. 245 | Students expelled because they refused on religious grounds to take required courses in military science and tactics. | |
| 1938 | P | U.S. | Lovell v Griffin, 303 U.S. 444 | Jehovah's Witness case | |
| 1939 | P | U.S. | Schneider v Irvington, New Jersey, 308 U.S. 147 | Another Jehovah's Witness case | |
| 1940 | P | U.S. | Cantwell v Connecticut, 310 U.S. 296 | Jehovah's Witness case, first case to apply the free exercise clause to the states | |
| 1940 | P | U.S. | Minersville School District v Gobitis, 310 U.S. 586 | Refusal to salute the flag | |
| 1941 | P | U.S. | Cox v New Hampshire, 312 U.S. 569 | Marches and leaflets | |
| 1942 | P | U.S. | Chaplinsky v New Hampshire, 315 U.S. 568 | Offensive language addressed to another | |
| 1942 | P | U.S. | Jones v City of Opelika, 316 U.S. 584 | License on book selling | |
| 1943 | P | U.S. | Murdock v Pennsylvania, 319 U.S. 105 | License but court refused to follow Jones v City of Opelika | |
| 1943 | P | U.S. | Jones v City of Opelika, 319 U.S. 103 | Set aside the Jones v City of Opelika | |
| 1943 | P | U.S. | Martin v City of Struthers, 319 U.S. 1451 | Door to door religious soliciting | |
| 1943 | P | U.S. | West Virginia State Bd of Ed. v Barnette, 319 U.S. 624 | Saluting the flag | |
| 1943 | P | U.S. | Taylor v Mississippi, 319 U.S. 583 | Felony to preach or teach anything that designed to encourage violence | |
| 1943 | P | U.S. | Jamison v Texas, 318 U.S. 413 | Distribution of handbills | |
| 1944 | P | U.S. | United States v Ballard, 322 U.S. 78 | "I am" movement | |
| 1944 | P | U.S. | Prince v Massachusetts, 321 U.S. 158 | Children under 12 helping to distribute literature of the Jehovah's Witness | |
| 1945 | P | U.S. | Follett v Town of Mccormick, 321 U.S. 573 | Tax on soliciting orders for religious literature | |
| 1945 | P | U.S. | In re Summers, 325 U.S. 561 | Upheld constitutional power of a state to refuse to admit to the bar a qualified applicant who was a conscientious objector | |
| 1946 | P | U.S. | Girouard v United States, 328 U.S. 61 | Refusal to bear arms | |
| 1946 | P | U.S. | Marsh v Alabama, 326 U.S. 501 | Jehovah's Witness private property case | |
| 1947 | P | U.S. | Everson v Board of Education, 330 U.S. 1 | Application of establishment clause to states | |
Leo Pfeffer, 1910-1993, was a highly regarded constitutional lawyer who argued cases before the Supreme Court. He was on the staff of the American Jewish Congess from 1945 to 1964 and became the director of its Commission on Law and Social Action in 1957. After 1964, Mr. Pfeffer continued to do legal work for the congress as special counsel. Mr Pfeffer taught at the New School, Mount Holyoke College, Yeshiva University and Long Island University. At the request of the Anson Phelps Stokes estate, he updated and reedited Stokes Church and State in the United States. He later issued God, Caesar and the Constitution: The Court as Referee of Church-State Confrontation, published by Beacon Press as well as many other books and articles. In 1988, he was named Humanist of the Year by the American Humanist Association.