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Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990) was a United States Supreme Court decision that held that the First Amendment to the United States Constitution forbids a government entity from basing its decision to promote, transfer, recall, or hire low-level public employees based upon their party affiliation. == Background == Illinois Governor James Thompson issued an executive order instituting a hiring freeze, whereby state officials were prohibited from hiring any employee, filling any vacancy, creating any new position, or taking any similar action without the Governor's "express permission." It affected approximately 60,000 state positions. More than 5,000 of these become available each year as a result of resignations, retirements, deaths, expansion, and reorganizations. The order proclaimed that "no exceptions" were permitted without the Governor's "express permission after submission of appropriate requests to () office." Petitioner alleged that requests for the Governor's "express permission" had become routine. Permission had been granted or withheld through an agency expressly created for that purpose, the Governor's Office of Personnel (Governor's Office). Agencies had been screening applicants under Illinois' civil service system, making their personnel choices, and submitting them as requests to be approved or disapproved by the Governor's Office. Among the employment decisions for which approvals had been required are new hires, promotions, transfers, and recalls after layoffs. By means of the freeze, according to petitioners, the Governor had been using the Governor's Office to operate a political patronage system to limit state employment and beneficial employment-related decisions to those who were supported by the Republican Party of the United States. In reviewing an agency's request that a particular applicant be approved for a particular position, the Governor's Office looked at whether the applicant voted in Republican primaries in past election years, whether the applicant had provided financial or other support to the Republican Party and its candidates, whether the applicant had promised to join and work for the Republican Party in the future, and whether the applicant had the support of Republican Party officials at state or local levels. Five people brought suit against various Illinois and Republican Party officials in the United States District Court for the Central District of Illinois. They alleged that they had suffered discrimination with respect to state employment because they had not been supporters of the State's Republican Party and that this discrimination violated the First Amendment to the United States Constitution. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Rutan v. Republican Party of Illinois」の詳細全文を読む スポンサード リンク
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