· 8/12/2002
Boone v. Boozman
Citations
- 217 F. Supp. 2d 938
- 2002 U.S. Dist. LEXIS 15370
- 2002 WL 1971913
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting Smith included compulsory immunization of children as example of state action that should not be subject to compelling interest test; citing Smith, 494 U.S. at 888-89, 110 S. Ct. at 1605-06; Cude v. State, 377 S.W.2d 816, 818-20 (Ark. 1964)
- “Because the immunization statute is a neutral law of general applicability, heightened scrutiny is not required even though compulsory immunization may burden plaintiffs right to free exercise.”
- state's requirement that public school students be immunized overrides right to refuse treatment
- court found that case did not present hybrid rights theory
- “The constitutionally-protected free exercise of religion does not excuse an individual from compulsory immunization; in this instance, the right to free exercise of religion . . . [is] subordinated to society’s interest in protecting against the spread of disease.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Susan Webber Wright
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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