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Miller v. Civil Rights Department

Petition for certiorari denied on December 8, 2025

Docket No. Op. BelowArgument Opinion Vote Author Term
25-233 Cal. Ct. App. N/A N/A N/A N/A OT 2025

Issue: (1) Whether the free speech clause’s protection against compelled participation in a ceremony only applies where third parties would view that participation as expressing endorsement of the ceremony; (2) whether proving a lack of general applicability under the free exercise clause requires showing unfettered discretion or categorical exemptions for identical secular conduct; and (3) whether Employment Division v. Smith should be overruled.

DateProceedings and Orders (key to color coding)
08/26/2025Petition for a writ of certiorari filed. (Response due September 29, 2025)
09/02/2025Motion to extend the time to file a response from September 29, 2025 to October 29, 2025, submitted to The Clerk.
09/04/2025Motion to extend the time to file a response is granted and the time is extended to and including October 29, 2025.
09/29/2025Brief amicus curiae of Advocates for Faith and Freedom filed.
09/29/2025Brief amici curiae of General Conference of Seventh-day Adventists, et al. filed.
09/29/2025Brief amicus curiae of Protect the First Foundation filed.
09/29/2025Brief amicus curiae of Foothills Christian Church filed.
09/29/2025Brief amici curiae of Advancing American Freedom, et al. filed.
09/29/2025Brief amicus curiae of NC Values Institute filed.
09/29/2025Brief amici curiae of Alabama, et al. filed.
09/29/2025Brief amici curiae of The National Legal Foundation, et al. filed.
09/29/2025Brief amici curiae of 14 First Amendment Scholars filed.
09/29/2025Brief amicus curiae of Manhattan Institute filed.
10/29/2025Brief of respondent Civil Rights Department in opposition filed.
11/12/2025DISTRIBUTED for Conference of 12/5/2025.
11/12/2025Reply of petitioners Catharine Miller, et al. filed. (Distributed)
12/08/2025Petition DENIED.