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Freedom of Religion - Part 2

The Indiana Supreme Court ruled that a city's decision to "condemn" church property through the power of eminent domain did not violate the church's first amendment rights.

Key point 13-02.1. In the Smith case (1990) the Supreme Court ruled that a neutral law of general applicability is presumably valid and need not be supported by a compelling government interest to be consistent with the first amendment, even if it interferes with the exercise of religion.

The Free Exercise Clause

* The Indiana Supreme Court ruled that a city's decision to "condemn" church property through the power of eminent domain did not violate the church's first amendment rights. An inner-city church claimed that the city's attempt to acquire its property through "condemnation" (eminent domain) violated its first amendment rights of religious freedom and association. The city relied on a United States Supreme Court decision holding that "neutral laws of general applicability" are presumably valid and need no proof of a "compelling government interest" ...

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Posted:
  • March 1, 2002

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