Legal Opinion · Concurring in the judgment

Barghout v. Bureau of Kosher Meat & Food Control

Court of Appeals for the Fourth Circuit

Decided October 2, 1995No. 94-1918Published

1Concurring in the judgmentLuttig, Circuit Judge

I agree with Judge Lay that the Baltimore City ordinance at issue in this case is unconstitutional. However, I believe the ordinance is invalid because it facially favors one sect of a faith over other sects of that faith, in violation of the most fundamental tenet of the Establishment Clause that the imprimatur of the state shall not directly or indirectly be placed upon one religious faith over another or upon one denomination of a faith over another. See Larson v. Valente, 456 U.S. 228, 246, 102 S.Ct. 1673, 1684, 72 L.Ed.2d 33 (1982); see also Allegheny County v. Greater Pittsburgh ACLU,…

2Cases cited12 opinions

  1. Lemon v. KurtzmanSupreme Court of the United States · 1971
  2. Widmar v. VincentSupreme Court of the United States · 1981
  3. Murdock v. PennsylvaniaSupreme Court of the United States · 1943
  4. County of Allegheny v. American Civil Liberties UnionSupreme Court of the United States · 1989
  5. Hernandez v. CommissionerSupreme Court of the United States · 1989

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