Cited by
Opinions in Minnesota that cite State v. Hershberger, 462 N.W.2d 393.
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Tina Goede, Relator,
Minn. Ct. App. 2023
d 393, 398 (Minn. 1990) (stating that “once a claimant has demonstrated a sincere religious belief .
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Minn. 2022
2(b)(4) (1990)); State v. Russell , (Minn. Stat. § 152.023 (1990)); (Minn. Stat. § 169.522 (1990)); (Minn. Stat. § 573.01 (1980)).
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In the Matter of the Application of Anthony Theodore Wagoner for a Change of Name.
Minn. Ct. App. 2021
See State v. Ambaye , (implicitly sanctioning the district court’s recognition of a compelling interest in “maintaining [a] record of violence”); State v. Hershberger , (“The interest in public safety is also fundament al, and serves as a rationale for the very formation of our state government.”).
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Amos Mast, et al., Appellants,
Minn. Ct. App. 2020
at 863 (regard ing RLUIPA); (regarding the Minnesota Constitution).
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In the Matter of the Application of: Hollis John Larson for a Change of Name.
Minn. Ct. App. 2019
See, 8-99 ( Minn. 1990); see also State v. Ambaye , (acknowledging that the public has a “compelling interest” in maintaining an individual’s record of violent offenses).
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Daniel A. Vogel, Relator,
Minn. Ct. App. 2019
d 393, 397-98 (Minn. 1990); Minn. Const. art. I, § 16.
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Robyn Potter, Relator,
Minn. Ct. App. 2018
See State v. Hershberger , -98 (Minn. 1990).
- In re the Matter of: Jill Marie Newstrand v. Jamison Robert Arend 869 N.W.2d 681 Minn. Ct. App. 2015
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In re the Matter of: Jill Marie Newstrand v. Jamison Robert Arend
869 N.W.2d 681
Minn. Ct. App. 2015
7 “[S]ection 16 precludes even an infringement on or an interference with religious freedom.”
- State of Minnesota v. Jeremiah Allen Brooks Minn. Ct. App. 2015
- State of Minnesota v. Jeremiah Allen Brooks Minn. Ct. App. 2015
- Carlton v. State 816 N.W.2d 590 Minn. 2012
- In re the Civil Commitment of Johnson 800 N.W.2d 134 Minn. 2011
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In re the Civil Commitment of Johnson
800 N.W.2d 134
Minn. 2011
07) (holding that the “state has a compelling interest” in protecting “the citizens of Minnesota” from those who “pose a severe threat to the[ir] health and safety” (citation omitted) (internal quotation marks omitted)); (finding that the State has a “compelling interest in protecting the public from violent sexual assaults”); (finding that the strength of the State’s interests in protecting the public “cannot be disputed”).
- Edina Community Lutheran Church v. State 745 N.W.2d 194 Minn. Ct. App. 2008
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Edina Community Lutheran Church v. State
745 N.W.2d 194
Minn. Ct. App. 2008
“Religious liberty is a precious right.”
- Shagalow v. State, Department of Human Services 725 N.W.2d 380 Minn. Ct. App. 2006
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Shagalow v. State, Department of Human Services
725 N.W.2d 380
Minn. Ct. App. 2006
In other Minnesota cases we have recognized that the government has a compelling interest in ensuring safety on public roadways, “assuring parents provide primary support for their children,” Murphy, d at 82 , “ensuring] the peace and safety of labor relations,” and safeguarding employees’ rights to collectively organize, Hill-Murray, d at 866-67 .
- Doe v. Lutheran High School of Greater Minneapolis 702 N.W.2d 322 Minn. Ct. App. 2005
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Doe v. Lutheran High School of Greater Minneapolis
702 N.W.2d 322
Minn. Ct. App. 2005
The Freedom of Conscience Clause “precludes an infringement on or an interference with religious freedom and limits the permissible countervailing interests of the government.”
- Kahn v. Griffin 701 N.W.2d 815 Minn. 2005
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Kahn v. Griffin
701 N.W.2d 815
Minn. 2005
(display of slow-moving vehicle emblem on Amish defendant’s vehicle).
- State v. Tate 682 N.W.2d 169 Minn. Ct. App. 2004
- State v. Tate 682 N.W.2d 169 Minn. Ct. App. 2004
- State v. Pedersen 679 N.W.2d 368 Minn. Ct. App. 2004
- State v. Pedersen 679 N.W.2d 368 Minn. Ct. App. 2004
- In Re Rothenberg 676 N.W.2d 283 Minn. 2004
- In Re Rothenberg 676 N.W.2d 283 Minn. 2004
- Edina Community Lutheran Church v. State 673 N.W.2d 517 Minn. Ct. App. 2004
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Edina Community Lutheran Church v. State
673 N.W.2d 517
Minn. Ct. App. 2004
But Minn. Const, art. I, § 16 “precludes even an infringement on or an interference with religious freedom.” (emphasis omitted).
- Rooney v. Rooney 669 N.W.2d 362 Minn. Ct. App. 2003
- Rooney v. Rooney 669 N.W.2d 362 Minn. Ct. App. 2003
- Olson v. First Church of Nazarene 661 N.W.2d 254 Minn. Ct. App. 2003
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Olson v. First Church of Nazarene
661 N.W.2d 254
Minn. Ct. App. 2003
The language of the Minnesota Constitution regarding religion “is of a *261 distinctively stronger character than the federal counterpart” and precludes “even an infringement on or an interference with religious freedom.” (stating that the Minnesota Constitution expressly grants affirmative rights in the area of religious worship while the federal constitution simply attempts to restrain government action).
- Odenthal v. Minnesota Conference of Seventh-Day Adventists 649 N.W.2d 426 Minn. 2002
- Odenthal v. Minnesota Conference of Seventh-Day Adventists 649 N.W.2d 426 Minn. 2002
- In Re the Welfare of C.P.K. 615 N.W.2d 832 Minn. Ct. App. 2000
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In Re the Welfare of C.P.K.
615 N.W.2d 832
Minn. Ct. App. 2000
Article I, section 1 of the Minnesota Bill of Rights establishes, “Government is instituted for the security, (citation omitted).
- State v. Schwartz 598 N.W.2d 7 Minn. Ct. App. 1999
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State v. Schwartz
598 N.W.2d 7
Minn. Ct. App. 1999
This provision affords even greater protection for religious liberties than does the Federal Constitution by precluding only “infringement on or interfer *10 ence with religious freedom.”
- State v. Wicklund 589 N.W.2d 793 Minn. 1999
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State v. Wicklund
589 N.W.2d 793
Minn. 1999
522-23 (1961) (Minnesota’s due process standard may be developed independent of federal law); (declining to lower Minnesota’s standards for searches and seizures to federal level); (equal protection analysis under Minnesota law more stringent than federal law); -98 (Minn.1990) (greater religious liberties under state law than under federal law); -81 (Minn.1988) (12-member jury required under state but not federal law).
- Marriage of Murphy v. Murphy 574 N.W.2d 77 Minn. Ct. App. 1998
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Marriage of Murphy v. Murphy
574 N.W.2d 77
Minn. Ct. App. 1998
(concluding Minnesotans afforded greater protection for religious liberties under state constitution than under federal constitution); see generally Tracey Levy, Rediscovering Rights: State Courts Reconsider the Free Exercise Clauses of Their Own Constitutions in the Wake of Employment Division v. Smi
- Granite Valley Hotel Ltd. Partnership v. Jackpot Junction Bingo & Casino 559 N.W.2d 135 Minn. Ct. App. 1997
- Granite Valley Hotel Ltd. Partnership v. Jackpot Junction Bingo & Casino 559 N.W.2d 135 Minn. Ct. App. 1997
- Cohen v. Little Six, Inc. 543 N.W.2d 376 Minn. Ct. App. 1996
- Women of the State v. Gomez 542 N.W.2d 17 Minn. 1995
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Women of the State v. Gomez
542 N.W.2d 17
Minn. 1995
Safety, (right to counsel at the chemical testing stage of a DWI proceeding); (adopting stricter equal protection rational basis standard than federal courts); (religious liberties); (bodily integrity); (fundamental right of education); (right to 12-member jury) (subsequently overruled by constitutional amendment).
- Basich v. Board of Pensions (ELCA) 540 N.W.2d 82 Minn. Ct. App. 1995