Killinger v. Samford University’s Empirical Analysis
113 F.3d 196 · 1997
Citation profile
17 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 35 later decisions — most recently February 2019 · most notably Allen v. Tyson Foods, Inc. (1997), Leboon v. Lancaster Jewish Community Center Ass'n (2007)
17 federal appellate · 1 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 703 of the Title VII of the Civil Rights Act of 1964)
Relies on Earley v. Champion International Corp. · Rayburn v. General Conference of Seventh-day Adventists · Equal Employment Opportunity Commission v. Mississippi College · Parks v. City of Warner Robins · Equal Employment Opportunity Commission v. Townley Engineering & Manufacturing Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The [ Killinger ] court ... noted numerous factors that were pertinent to its conclusion that the university qualified for the "religious organization" exemption: [1] The college was founded as a "theological" institution by the Alabama Baptist State Convention, and while the Convention no longer had the authority to elect the school's trustees, all of the trustees were, and with only one exception, always had been Baptist; [2] seven percent of the institution's annual budget came from the Convention, and that sum was the largest single source of funding; [3] the university reported its financial status to the Convention and another Baptist institution; [4] the school was a member of the Association of Baptist Colleges and Schools; [5] all faculty were required to subscribe to the 1963 Baptist Statement of Faith and Message, and both faculty contracts and the faculty handbook affirmed this commitment; [6] the school's charter designated its chief purpose to be the promotion of the Christian religion; [7] all students were required to attend chapel; and [8] the IRS had granted the school religious exemptions. Id. at 199 . The [ Killinger ] court never suggested, however, that any or all of these factors were required for an institution to assert the exemption.”
1 later decision quote this exact passage · from the majority“held that Section 702 divests the district court of jurisdiction only if the religious educational institution discriminated on the basis of religion, not on the basis of gender.” Killinger v. Samford Univ., 113 F.3d 196 , 198 n. 1 (11th Cir.1997). Like the Mississippi College Court, the Killing-er Court did not specifically discuss”
1 later decision quote this exact passage · from the concurrence“school, college, university, or other educational institution or institution of learning ... [that] ... is, in whole, or in substantial part, owned, supported, controlled, or managed by a ... religious corporation.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.