State Ex Rel. Douglas v. Bigelow

In this appeal defendant-appellant, Marjorie Bigelow, seeks to reverse the trial court’s order perma nently enjoining her from operating “a school in her home.” We affirm as modified.

The State of Nebraska instituted this action to enjoin the defendant from violating Neb. Rev. Stat. §§ 79-201 and 79-1701 (Reissue 1981) and rule 14 of the Nebraska State Department of Education (Rev. 1976). In her answer the defendant alleged that she was not subject to the state’s laws because of the rights accorded to her sincerely held religious beliefs by the first, ninth, and fourteenth amendments to the…