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RANKINS v. COMMISSION ON PROFESSIONAL COMPETENCE

Docket No. S.F. 23769.

24 Cal.3d 167 (1979)

593 P.2d 852

154 Cal. Rptr. 907

WARREN RANKINS, as Superintendent-Principal, etc., et al., Plaintiffs and Respondents, v. COMMISSION ON PROFESSIONAL COMPETENCE OF THE DUCOR UNION SCHOOL DISTRICT et al., Defendants and Appellants; THOMAS EDWARD BYARS, Real Party in Interest and Appellant.

Supreme Court of California.

April 30, 1979.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, and William J. Power, Deputy Attorney General, for Defendants and Appellants.

Chain, Younger, Jameson, Lemucchi, Busacca & Williams, Paul G. Busacca and Leonard Sacks for Real Party in Interest and Appellant.

Calvin E. Baldwin, County Counsel, and Thomas D. Bowman, Assistant County Counsel, for Plaintiffs and Respondents.

OPINION

NEWMAN, J.

We inquire in this case whether as a condition of employment a school district may require a teacher to forego adherence to bona fide religious tenets that require several absences a year for observance of a church's holy days. We have concluded that under the circumstances presented such a condition of employment violates article I, section 8, of the California Constitution, which provides: "A person may not be...

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