Legal Opinion
Dan McCarthy v. Ozark School Dist.
Court of Appeals for the Eighth Circuit
Decided March 8, 2004No. 02-3035, 02-3094, 02-3104, 02-3195PublishedCited by 53 opinions
1Opinion of the Court
MELLOY, Circuit Judge.
These consolidated appeals involve the application of an Arkansas statute that requires the immunization of Arkansas schoolchildren against Hepatitis B. Ark. Code Ann. § 6-18-702(a). 2 The district courts 3 held that the statute’s religious beliefs exemption violated the Establish ment Clause of the First Amendment because the exemption applied only to the “religious tenets and practices of a recognized church or religious denomination.” Ark.Code Ann. § 6-18-702(d)(2) (2000) (emphasis added). The district courts then determined that the exemption was severable from the…
2Cases cited10 opinions
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
- Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
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3Cited by53 opinions
- Zach Hillesheim v. Holiday Stationstores, Inc.Court of Appeals for the Eighth Circuit · 2020
- Shirley Phelps-Roper v. City of Manchester, MissouriCourt of Appeals for the Eighth Circuit · 2012
- Zach Hillesheim v. Holiday Stationstores, Inc.Court of Appeals for the Eighth Circuit · 2018
- Ron Teague v. Arkansas Board of EducationCourt of Appeals for the Eighth Circuit · 2013
- American Rivers, Inc. v. United States Army Corps of EngineersCourt of Appeals for the Eighth Circuit · 2005
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