Byron White

“ We should resolve the conflict.
MEBA Pension Trust v. Rodriguez, No. 89-206, cert. denied, 493 U.S. 872, 110 S.Ct. 202, 107 L.Ed.2d 155: The Fourth Circuit held that the Employee Retirement Income Security Act of 1974 (ERISA) , 88 Stat. 829, as amended, 29 U.S.C. § 1001 et seq. (1982 ed. and Supp. V) , applies to a denial of benefits, when the denial is based on an action by the plan prior to ERISA's effective date. 872 F.2d 69 (1989) . Other Courts of Appeals have held to the contrary. See, e.g., Menhorn v. Firestone Tire & Rubber Co., 738 F.2d 1496, 1501 (CA9 1984) . ”

“ This case presents important federal questions regarding the free exercise rights of citizens who participate in state aid programs that permit recipients a private choice in using funds received and regarding the extent to which state involvement with religion that does not violate the Establishment Clause is required by the Free Exercise Clause. ”

“ We reversed, 474 U.S. 481, 106 S.Ct. 748, 88 L.Ed.2d 846 (1986) , concluding that the Establishment Clause presented no constitutional barrier to the vocational aid scheme, and remanded for further factual development and consideration of the program's legitimacy under the stricter dictates of the Washington Constitution's Establishment Clause. On remand, the Washington Supreme Court again upheld the denial of aid, this time on state constitutional grounds. 112 Wash.2d 363, 771 P.2d 1119 (1989) . Petitioner now presses a free exercise claim under our Sherbert v. ”