Legal Opinion

Strout v. Albanese

Court of Appeals for the First Circuit

Decided May 27, 1999No. 98-1986PublishedCited by 32 opinions

1Opinion of the Court

TORRUELLA, Chief Judge.

As we embark upon resolution of the thorny questions presented by this appeal, it is appropriate that we keep in mind that “[c]onstitutional adjudication does not lend itself to the absolutes of the physical sciences or mathematics.” Tilton v. Richardson, 403 U.S. 672, 678, 91 S.Ct. 2091, 29 L.Ed.2d 790 (1971). The controversy before us patently reflects this truth.

The issues raised require us to consider the sometime competing values found in the Religion Clauses of the First Amendment of the Constitution1 — otherwise described as “the internal tension in the First…

2Cases cited25 opinions

  1. Lemon v. KurtzmanSupreme Court of the United States · 1971
  2. Pierce v. Society of SistersSupreme Court of the United States · 1925
  3. Sherbert v. VernerSupreme Court of the United States · 1963
  4. Agostini v. FeltonSupreme Court of the United States · 1997
  5. Rosenberger v. Rector & Visitors of University of VirginiaSupreme Court of the United States · 1995

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3Cited by32 opinions

  1. Prater v. City Of BurnsideCourt of Appeals for the Sixth Circuit · 2002
  2. Prater v. City of BurnsideCourt of Appeals for the Sixth Circuit · 2002
  3. Tenafly Eruv Ass'n v. Borough of TenaflyCourt of Appeals for the Third Circuit · 2002
  4. Eulitt v. ME Dept. of EduCourt of Appeals for the First Circuit · 2004
  5. Gary S. v. Manchester School DistrictCourt of Appeals for the First Circuit · 2004

27 more not listed; retrieve them via the Exa API.

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