Test to determine whether governmental aid offends establishment clause discussed. Freedom from Religion Foundation v. Thompson, 164 W (2d) 736, 476 NW (2d) 318 (Ct. App. 1991).
Free exercise clause does not excuse a person from compliance with a valid law; a visitation order intended to prevent a noncustodial parent from imposing his religion on his children was a reasonable protection of the custodial parent's statutory right to choose the children's religion. Lange v. Lange, 175 W (2d) 373, NW (2d) (Ct. App. 1993).
In setting a sentence, a court may consider a defendant's religious beliefs and practices only if a reliable nexus exists between the defendant's criminal conduct and those beliefs and practices. State v. Fuerst, 181 W (2d) 903, 512 NW (2d) 243 (Ct. App. 1994).
A nativity scene surrounded by Christmas trees and accompanied by a sign proclaiming a "salute to liberty" did not violate the first amendment's establishment and free exercise of religion clause or Art. I, s.18. King v. Village of Waunakee, 185 W (2d) 25, 517 NW (2d) 671 (1994).
Probation conditions may impinge on religious rights as long as the conditions are not overly broad and are reasonably related to rehabilitation. Von Arx v. Schwarz, 185 W (2d) 645, 517 NW (2d) 540 (Ct. App. 1994).
The courts are prevented from determining what makes one competent to serve as a priest, and therefore the courts cannot decide a claim of negligent hiring or retention by a church. Pritzlaff v. Archdiocese of Milwaukee, 194 W (2d) 303, 533 NW (2d) 780 (1995). See also L.L.N. v. Clauder, 209 W (2d) 674, 563 N.W. (2d) 434 (1997).
The state is prevented from enforcing discrimination laws against religious associations when the employment at issue serves a ministerial or ecclesiastical function. While it must be given considerable weight, a religious association's designation of a position as ministerial or ecclesiastical does not control its status. Jocz v. LIRC, 196 W (2d) 273, 538 NW (2d) 588 (Ct. App. 1995).
Freedom of conscience as guaranteed by the Wisconsin constitution is not constrained by the boundaries of protection set by the United States Supreme Court for the federal provision. As applied to Amish, requiring slow moving vehicle signs on buggies unconstitutionally infringed on religious liberties. Requiring Amish buggies to carry slow moving vehicle signs furthered a compelling state interest, but was not shown to be the least restrictive means of accomplishing that interest. State v. Miller, 202 NW (2d) 56, 549 NW (2d) 235 (1996).
Constitutionality of state tuition grants to parents of resident pupils enrolled in private elementary or high schools discussed. 58 Atty. Gen. 163.
1971 Assembly Bill 1577 would violate the establishment clause of the First Amendment to the U.S. Const. and sec. 18. Guidelines to possibly avoid constitutional objection to CESA service contracts with private schools discussed. 62 Atty. Gen. 75.
Leasing of university buildings to a religious congregation during nonschool days and hours on a temporary basis while the congregation's existing facility is being renovated and leasing convention space to a church conference would not violate separation of church and state provisions of the First Amendment to U.S. Const. and sec. 18. 63 Atty. Gen. 374.
The department of public instruction may, if so authorized under 16.54, implement the school lunch program and special food service plan for children in secular and sectarian private schools and child-care institutions without violating the U.S. or Wisconsin Constitutions. 63 Atty. Gen. 473.
Funds received under Title I of the Elementary and Secondary Education Act may not be used to pay salaries of public school teachers teaching in church affiliated private schools. See 64 Atty. Gen. 139. 64 Atty. Gen. 136.
Establishment clause and this section prohibit public schools leasing classrooms from parochial schools to provide educational programs for parochial students. 67 Atty. Gen. 283.
Group of churches is entitled to permit under s. 16.845 to use capitol grounds for civic or social activity even if content of program is partly religious in nature. 68 Atty. Gen. 217.
United States and Wisconsin Constitutions do not prohibit state from disbursing state matching funds under National School Lunch Act to private as well as public schools. 69 Atty. Gen. 109.
Department of health and social services can constitutionally license and regulate community based residential facilities operated by religious organizations not exempt under 50.01 (1), 1985 stats. [now 50.01 (1g)] or 50.03 (9). 71. Atty. Gen. 112.
University of Wisconsin athletes may not engage in voluntary prayer led by coach prior to athletic event, although silent meditation or prayer organized by athletes may be undertaken within certain guidelines. 75 Atty. Gen. 81.
Scope of this section discussed. 75 Atty. Gen. 251 (1986).
Establishment Clause prohibits states from loaning instructional material to sectarian schools or providing auxiliary services to remedial and exceptional students in such schools. Meek v. Pittenger, 421 US 349.
In adjudicating church property dispute, state may adopt "neutral principles of law" analysis regarding deeds, applicable statutes, local church's charter and general church's constitution. Jones v. Walf, 443 US 595 (1979).
Statute does not contravene establishment clause if it has secular legislative purpose, its primary effect neither advances nor inhibits religion, and it does not excessively entangle government with religion. Committee for Public Education v. Regan, 444 US 646 (1980).
Representation of Ten Commandments as basis for legal code of western civilization violated establishment clause. Stone v. Graham, 449 US 39 (1980).
Denial of unemployment compensation to Jehovah's Witness who quit job due to religious beliefs was violation of free exercise right. Thomas v. Review Bd., Ind. Empl. Sec. Div. 450 US 707 (1981).
State fair rule which limited religious group to assigned booth in conducting its religious activities did not violate free exercise clause. Heffron v. Int'l Soc. for Krishna Consc. 452 US 640 (1981).
Public university which provided forum to many student groups but excluded religious student groups violated principle that state regulation of speech should be content-neutral. Widmar v. Vincent, 454 US 263 (1981).
Nativity scene displayed by city did not violate Establishment Clause. Lynch v. Donnelly, 465 US 668 (1984).
Due to setting and nature of display, menorah placed next to Christmas tree placed outside of city-county building did not violate establishment clause while prominent placement of creche inside courthouse did. Allegheny County v. Pittsburgh ACLU, 492 US 573, 106 LEd 2d 472 (1989).
Prohibition of peyote used in religious ceremony does not violate free exercise of religion. Employment Division v. Smith, 494 US 872, 108 LEd 2d 876 (1990).
Federal equal access act prohibits high schools from barring student religious club meetings on school premises when other "noncurriculum-related" clubs are allowed access. Westside Community Schools v. Mergens, 496 US 292, 110 LEd 2d 191 (1990).
Public school district's inclusion of prayers at public graduation ceremony, offered by member of the clergy at the district's request and direction, violated establishment clause of 1st Amendment. Lee v. Weisman, 505 US 77, 120 LEd 2d 467 (1992).
Denial of the use of a school building to a church seeking to exhibit a film when a nonsectarian group would have been allowed the use of the building to show a secular film on the same topic violated the right to free speech. Lamb's Chapel v. Center Moriches, 508 US 384, 124 LEd 2d 352 (1993).
A law that targets religious conduct for distinctive treatment is subject to the most rigorous scrutiny. Regulation of animal sacrifice that effectively prohibits the practices of one sect is void. Church of Lukumi v. Hialeah, 508 US 520, 124 LEd 2d 472 (1993).
Provision of interpreter by school district to student attending parochial school was permissible when provided as a part of a neutral program benefitting all qualified children without regard to the sectarian-nonsectarian nature of the school. Zobrest v. Catalina Foothills, 509 US 1, 125 LEd 2d 1 (1993).
Special legislation creating a public school district for a village consisting solely of members of a single religious community violated the 1st amendment establishment clause. Board of Education of Kiryas Joel v. Grumet, 512 US 687, 129 LEd 2d 546 (1994).
A state university which funded printing of a broad range of student publications but denied funding for printing the publication of a student religious group violated free speech guarantees and was not excused by the need to comply with the establishment of religion clause of the constitution. Rosenberger v. University of Virginia, 515 US 819, 132 LEd 2d (1995).
Legislative mandate requiring reasonable accommodation of religious conduct does not violate establishment clause. Nottelson v. Smith Steel Wkrs. D.A.L.U. 19806, 643 F (2d) 445 (1981).
Nyquist and public aid to private education. Piekarski, 58 MLR 247.
The role of civil courts in church disputes. 1977 WLR 904.
First amendment-based attacks on Wisconsin "attendance area" statutes. 1980 WLR 409.
Brave new world revisited: Fifteen years of chemical sacraments. 1980 WLR 879.
Lamb's Chapel v. Center Moriches Union Free School District: Creating Greater Protection Religious Speech Through the Illusion of Public Forum Analysis. Ehrmann. 1994 WLR 965.
King v. Village of Waunakee: Redefining Establishment Clause Jurisprudence in Wisconsin. Lanford. 1996 WLR 185.
How Vast is King's Realm? Constitutional Challenge to the Church-State Clause. Gordon. Wis. Law. Aug. 1995.
I,19 Religious tests prohibited. Section 19. No religious tests shall ever be required as a qualification for any office of public trust under the state, and no person shall be rendered incompetent to give evidence in any court of law or equity in consequence of his opinions on the subject of religion.
I,20 Military subordinate to civil power. Section 20. The military shall be in strict subordination to the civil power.
I,21 Rights of suitors. Section 21. [As amended April 1977]
I,21(1) (1) Writs of error shall never be prohibited, and shall be issued by such courts as the legislature designates by law.
I,21(2) (2) In any court of this state, any suitor may prosecute or defend his suit either in his own proper person or by an attorney of the suitor's choice. [1975 J.R. 13, 1977 J.R. 7, vote April 1977]
Every person has an absolute right to appear pro se. Hlavinka v. Blunt, Ellis & Loewi, Inc. 174 W (2d) 381, NW (2d) (Ct. App. 1993).
A nonlawyer may not sign and file a notice of appeal on behalf of a corporation. Requiring a lawyer to represent a corporation in filing the notice does not violate the constitutional guarantee that any suitor may prosecute or defend a suit personally. A corporation is not a natural person and does not fall with in the term "any suitor". Jadair Inc. v. United States Fire Insurance Co. 209 W (2d) 187, 561 NW (2d) 718 (1997).
Sub. (2) gives the right in a civil trial to chose whether to defend oneself personally or to have an attorney, but does not address whether the party may, or may not, be ordered to be physically present at trial when represented. City of Sun Prairie v. Davis, 217 W (2d) 268, 575 NW (2d) 268 (Ct. App. 1998).
I,22 Maintenance of free government. Section 22. The blessings of a free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles.
I,23 Transportation of school children. Section 23. [As created April 1967] Nothing in this constitution shall prohibit the legislature from providing for the safety and welfare of children by providing for the transportation of children to and from any parochial or private school or institution of learning. [1965 J.R. 46, 1967 J.R. 13, vote April 1967]
Elementary Secondary Education Act funds may be used in dual enrollment programs to transport children from parochial schools to and from public schools. 65 Atty. Gen. 126.
I,24 Use of school buildings. Section 24. [As created April 1972] Nothing in this constitution shall prohibit the legislature from authorizing, by law, the use of public school buildings by civic, religious or charitable organizations during nonschool hours upon payment by the organization to the school district of reasonable compensation for such use. [1969 J.R. 38, 1971 J.R. 27, vote April 1972]
BOUNDARIES
II,1 State boundary. Section 1. It is hereby ordained and declared that the state of Wisconsin doth consent and accept of the boundaries prescribed in the act of congress entitled "An act to enable the people of Wisconsin territory to form a constitution and state government, and for the admission of such state into the Union," approved August sixth, one thousand eight hundred and forty-six, to wit: Beginning at the northeast corner of the state of Illinois—that is to say, at a point in the center of Lake Michigan where the line of forty-two degrees and thirty minutes of north latitude crosses the same; thence running with the boundary line of the state of Michigan, through Lake Michigan, Green Bay, to the mouth of the Menominee river; thence up the channel of the said river to the Brule river; thence up said last-mentioned river to Lake Brule; thence along the southern shore of Lake Brule in a direct line to the center of the channel between Middle and South Islands, in the Lake of the Desert; thence in a direct line to the head waters of the Montreal river, as marked upon the survey made by Captain Cramm; thence down the main channel of the Montreal river to the middle of Lake Superior; thence through the center of Lake Superior to the mouth of the St. Louis river; thence up the main channel of said river to the first rapids in the same, above the Indian village, according to Nicollet's map; thence due south to the main branch of the river St. Croix; thence down the main channel of said river to the Mississippi; thence down the center of the main channel of that river to the northwest corner of the state of Illinois; thence due east with the northern boundary of the state of Illinois to the place of beginning, as established by "An act to enable the people of the Illinois territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states," approved April 18th, 1818.
Mississippi River is an inland water of Wisconsin and the boat toilet law may be enforced on the entire width of the Mississippi bordering Minnesota and up to the center of the main channel bordering Iowa. 61 Atty. Gen. 167.
II,2 Enabling act accepted. Section 2. [As amended April 1951] The propositions contained in the act of congress are hereby accepted, ratified and confirmed, and shall remain irrevocable without the consent of the United States; and it is hereby ordained that this state shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations congress may find necessary for securing the title in such soil to bona fide purchasers thereof; and in no case shall nonresident proprietors be taxed higher than residents. Provided, that nothing in this constitution, or in the act of congress aforesaid, shall in any manner prejudice or affect the right of the state of Wisconsin to 500,000 acres of land granted to said state, and to be hereafter selected and located by and under the act of congress entitled "An act to appropriate the proceeds of the sales of the public lands, and grant pre-emption rights," approved September fourth, one thousand eight hundred and forty-one. [1949 J.R. 11; 1951 J.R. 7; vote April 1951]
SUFFRAGE
III,1 Electors. Section 1. [As amended Nov. 1882, Nov. 1908, Nov. 1934; repealed April 1986; created April 1986] Every United States citizen age 18 or older who is a resident of an election district in this state is a qualified elector of that district. [1881 J.R. 26 A, 1882 J.R. 5, 1882 c. 272, vote Nov. 1882; 1905 J.R. 15, 1907 J.R. 25, 1907 c. 661, vote Nov. 1908; 1931 J.R. 91, 1933 J.R. 76, vote Nov. 1934; 1983 J.R. 30, 1985 J.R. 14, vote April 1986]
The legislature can amend the current election statutes, without referendum, so as to make said statutes conform with the Twenty-Sixth Amendment to the United States Constitution. 61 Atty. Gen. 89.
Proposal to amend statute to allow nonresident property owners to vote on metropolitan sewerage district bonds, in addition to electors, probably would require the proposal to be submitted to a vote of the electorate under sec. 1. 63 Atty. Gen. 391.
Constitutional law: residency requirements. 53 MLR 439.
III,2 Implementation. Section 2. [As repealed April 1986; created April 1986] Laws may be enacted:
III,2(2) (2) Providing for registration of electors.
III,2(3) (3) Providing for absentee voting.
III,2(4) (4) Excluding from the right of suffrage persons:
III,2(4)(a) (a) Convicted of a felony, unless restored to civil rights.
III,2(4)(b) (b) Adjudged by a court to be incompetent or partially incompetent, unless the judgment specifies that the person is capable of understanding the objective of the elective process or the judgment is set aside.
III,2(5) (5) Subject to ratification by the people at a general election, extending the right of suffrage to additional classes. [1983 J.R. 30, 1985 J.R. 14, vote April 1986]
Disenfranchisement of felons does not deny them equal protection. Richardson v. Ramirez, 418 US 24.
III,3 Secret ballot. Section 3. [As repealed April 1986; created April 1986] All votes shall be by secret ballot. [1983 J.R. 30, 1985 J.R. 14, vote April 1986]
III,4 Residence saved. Section 4. [Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986.]
III,5 Military stationing does not confer residence. Section 5. [Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986.]
III,6 Exclusion from suffrage. Section 6. [Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986.]
LEGISLATIVE
IV,1 Legislative power. Section 1. The legislative power shall be vested in a senate and assembly.
A prosecution for burglary, theft and arson involving selective service records may be conducted, since federal statutes proscribing the same conduct did not preempt the field. The defendant is not thus placed in double jeopardy. State ex rel. Cullen v. Ceci, 45 W (2d) 432, 173 NW (2d) 175.
An act validating existing sewerage districts previously held to be unconstitutionally organized is within the power of the legislature. Madison Metropolitan Sewerage Dist. v. Stein, 47 W (2d) 349, 177 NW (2d) 131.
The power given vocational district boards to levy taxes does not violate this section. The manner of appointing board members is constitutional. West Milwaukee v. Area Bd. Vocational, T. & A. Ed. 51 W (2d) 356, 187 NW (2d) 387.
One legislature cannot dictate action by a future legislature or a future legislative committee. State ex rel. Warren v. Nusbaum, 59 W (2d) 391, 208 NW (2d) 780.
Delegation of legislative power under 66.016 (2) (d) is constitutional. Westring v. James, 71 W (2d) 462, 238 NW (2d) 695.
Legislature may constitutionally prescribe criminal penalty for violation of administrative rule. State v. Courtney, 74 W (2d) 705, 247 NW (2d) 714.
