Spence v. Bailey’s Empirical Analysis

Citation profile

9 federal appellate · 1 district · 2 state decisions

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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . A way of life, however virtuous and admirable, may not be interposed as a barrier to reasonable state regulation of education if it is based on purely secular considerations; to have the protection of the Religion Clauses, the claims must be rooted in religious belief. Although a determination of what is a ‘religious’ belief or practice entitled to constitutional protection may present a most delicate question, the very concept or ordered liberty precludes allowing every person to make his own standards on matters of conduct in which society as a whole has important interests. Thus, if the Amish asserted their claims because of their subjective evaluation and rejection of the contemporary secular values accepted by the majority, much as Thoreau rejected the social values of his time and isolated himself at Walden Pond, their claims would not rest on a religious basis. Thoreau’s choice was philosophical and personal rather than religious, and such belief does not rise to the demands of the Religion Clauses.” [ 406 U.S. at 215-216 , 92 S.Ct. at 1533 ]”

   1 later decision quote this exact passage · from the concurrence
   e.g. Sapp Ex Rel. Sapp v. Renfroe

2. ““By reason of religious training and belief, I am conscientiously opposed to participation in war in any form and am opposed to being subjected to combat training for the purpose of being prepared to enter into war. As stated above, my convictions are based upon religious training and belief which is in turn based upon a power or being or upon a faith to which all else is subordinate and upon which all else is ultimately dependent. This sincere and meaningful belief occupies in my life a place parallel to that filled by the Supreme Being, God. .” [ 465 F.2d at 798 ]”

   1 later decision quote this exact passage · from the concurrence
   e.g. Sapp Ex Rel. Sapp v. Renfroe

3. “since it compels the conscientious objector either to engage in military training contrary to his religious beliefs, or to give up his public education.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Mozert v. Hawkins County Board of Education