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· 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 CourtListener

Sourced 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.