· 4/17/1990
Employment Div., Dept. of Human Resources of Ore. v. Smith
Citations
- 494 U.S. 872
- 110 S. Ct. 1595
- 108 L. Ed. 2d 876
- 1990 U.S. LEXIS 2021
- 58 U.S.L.W. 4433
- 53 Empl. Prac. Dec. (CCH) 39,826
- 52 Fair Empl. Prac. Cas. (BNA) 855
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that laws of general applicability that incidentally burden religious conduct do not offend the First Amendment
- holding that neutral, generally applicable law must implicate some other constitutional right in addition to Free Exercise Clause before compelling state interest standard applies
- holding that neutral laws of general applicability do not burden free exercise whether or not they are supported by a compelling interest
- holding that if burdening the exercise of religion is “merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment has not been offended.”
- holding that, under the First Amendment, “the right of free exercise does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability”
- holding that free exercise clause did not prohibit application of Oregon drug laws to ceremonial ingestion of peyote and, thus, state could deny claimants unemployment compensation for dismissal for work-related misconduct based on ingestion of the drug
Source: CourtListener parenthetical corpus (CC0).
Judges: Blackmun, Brennan, Marshall, O'Connor, Parts I, Rehnquist, Scalia, Stevens, White
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.