Opinion · Supreme Court of the United States

Kemper Financial Services, Inc. v. Kamen

498 U.S. 999

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1990-12-03
Topic
general

How later courts describe this case

  • holding that denying a permit to establish a church in a residential area did not violate the Free Exercise Clause because the zoning system protected government interests, nor did it violate the Equal Protection Clause because there was no discrimination against appellant
  • holding that denying a permit to establish a church in a residential area did not violate the Free Exercise Clause because the zoning system pro tected government interests, nor did it violate the Equal Protection Clause because there was no discrimination against appellant
  • zoning provision requiring conditional use permit for church in urban residential area did not violate the free exercise or equal protection clauses
  • trial court may sua sponte raise res judicata so long as parties are permitted to submit briefs on the issue
  • under the rational basis test, a plaintiff must show that a similarly situated class was treated differently without a rational basis
  • "substantial impairment" when the state changes its retirement system from one where employees could withdraw their contributions at any time to one where employees exercising early withdrawal would have to pay a penalty

Citator

UpLaw has not yet analyzed Kemper Financial Services, Inc. v. Kamen. The absence of a flag is not a finding that it is good law.

Cited by
44 opinions

C. A. 7th Cir. Certiorari denied.