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McDANIEL v. PATY

No. 76-1427.

435 U.S. 618 (1978)

McDANIEL v. PATY ET AL.

Supreme Court of United States.

Decided April 19, 1978.

Attorney(s) appearing for the Case

Frederic S. Le Clercq argued the cause and filed a brief for appellant.

Kenneth R. Herrell, Assistant Attorney General of Tennessee, argued the cause for appellees. With him on the brief for appellees Hassler et al. were Brooks McLemore, Attorney General, and C. Hayes Cooney, Chief Deputy Attorney General. Phillip C. Lawrence filed a brief for appellee Paty.*

MR. CHIEF JUSTICE BURGER announced the judgment of the Court and delivered an opinion in which MR. JUSTICE POWELL, MR. JUSTICE REHNQUIST, and MR. JUSTICE STEVENS joined.

The question presented by this appeal is whether a Tennessee statute barring "Minister[s] of the Gospel, or priest[s] of any denomination whatever" from serving as delegates to the State's limited constitutional convention deprived appellant McDaniel, an ordained minister, of the right to the free...

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