Fairley v. Lorain Cty. Probate Court
Citations
- 2019 Ohio 5456
Syllabus
A special master issued a report and recommendation wherein he recommended dismissal of requester's complaint for lack of subject-matter jurisdiction. Requester filed a request for judicial notice and a supplemental filing. The court denied the request for judicial notice, and the court determined that, if requester's supplemental filing were construed as an objection, then the objection would be untimely. The court adopted the report and recommendation and dismissed requester's complaint for lack of subject-matter jurisdiction.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding “that the inclusion of a formal system of entirely 13 discretionary exceptions . . . renders the contractual non-discrimination requirement not 14 generally applicable”
- explaining that the government may not “prohibit[] religious conduct while permitting secular conduct that undermines the government’s asserted interests in a similar way”
- explaining that allowing an official “sole discretion” to grant an exemption “renders a policy not generally applicable”
- explaining that a party’s religious beliefs were burdened where the party either had to comply with a government requirement that violated the party’s religious beliefs or seek a discretionary exemption from a government official
- striking down city actions that burdened religious freedom as not “generally applicable” because the decision-making official had “sole 9 discretion” to grant individual exemptions
- explaining “laws incidentally burdening religion are ordinarily not subject to strict scrutiny under the Free Exercise Clause so long as they are neutral and generally applicable”
Source: CourtListener parenthetical corpus (CC0).
Judges: McGrath
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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