73 Misc. 2d 241 - Maier v. Besser’s Empirical Analysis
1972
Citation profile
2 federal appellate · 7 state decisions
How this case has been cited
Cited by 11 later decisions — most recently April 1991
2 federal appellate · 7 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
Relies on Cantwell v. State of Connecticut · Shapiro v. Thompson · Lindsley v. Natural Carbonic Gas Co. · United States v. Carolene Products Co. · United States v. Seeger
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“are bona fide members of a recognized religious organization whose teachings are contrary to the [immunization].”
2 later decisions quote this exact passage“It was obviously not the intent of the Legislature to force individuals to join a religious organization in order to practice their religious tenets freely, but rather to prevent individuals from avoiding this health requirement enacted for the general welfare of society, merely because they oppose such medical procedures on the basis of personal moral scruples or by reason of unsupported personal fears. No doubt the language of [§ 2164(9)] was drafted to safeguard against the claim of exemption by this latter category of persons Clearly, the child of a parent who is a bona fide Christian Scientist may be enrolled and received into school under the statutory exemption. To deny the exemption to a child whose parent conscientiously and honestly believes and practices the teachings and tenets of the Christian Science faith, notwithstanding lack of formal membership in the Church, would require a holding that the exemption provision of the statute is unconstitutional.”
1 later decision quote this exact passage“if the Legislature desires to exempt for religious grounds a certain class of persons, it must do so on a logical and non-discriminatory basis.”); Dalli v. Bd. of Ed., 358 Mass. 753, 759 , 267 N.E.2d 219, 222-23 (1971) (same); Kolbeck v. Kramer, 84 N.J.Super. 569, 574 , 202 A.2d 889, 892 (1964) (”[t]here is no right in a state or an instrumentality thereof to determine that a cause is not a religious one.”); Cf. Wilmington Housing Authority v. Greater St. John Baptist Church, Del.Supr., 291 A.2d 282, 286 (1972) (any preference for religious organizations in determining applicability of depreciation statute "may encounter serious constitutional questions”
1 later decision quote this exact passagee.g. Newmark v. Williams
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.