Legal Opinion
Equal Employment Opportunity Commission v. Roman Catholic Diocese of Raleigh
District Court, E.D. North Carolina
Decided April 30, 1999No. 5:98-cv-00978PublishedCited by 5 opinions
1Opinion of the Court
ORDER
MALCOLM J. HOWARD, District Judge.
This matter is before the court on defendants’ motion to dismiss pursuant to Fed. R.Civ.P. 12(b)(1). Both parties have filed briefs of the highest caliber with the court on their respective positions; therefore, this matter is ripe for ruling.
STATEMENT OF THE CASE
The court is confronted with the clash of two deeply held American convictions. One, embodied in the Civil Rights Acts of 1964 and 1991, is to prevent discrimination; the other, embodied in the First Amendment to the Constitution of the United States, is to protect the free exercise of religion.
T…
2Cases cited20 opinions
- Lemon v. KurtzmanSupreme Court of the United States · 1971
- Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
- City of Boerne v. FloresSupreme Court of the United States · 1997
- Agostini v. FeltonSupreme Court of the United States · 1997
- Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947
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3Cited by5 opinions
- Equal Employment Opportunity Commission v. The Roman Catholic Diocese of Raleigh, North Carolina Sacred Heart CathedralCourt of Appeals for the Fourth Circuit · 2000
- Smith v. Raleigh District of the North Carolina Conference of the United Methodist ChurchDistrict Court, E.D. North Carolina · 1999
- Patsakis v. Greek Orthodox Archdiocese of AmericaDistrict Court, W.D. Pennsylvania · 2004
- Shaliehsabou v. Hebrew Home of Greater Washington, Inc.District Court, D. Maryland · 2003
- EEOC v. Roman Catholic DioCourt of Appeals for the Fourth Circuit · 2000