⚖️ Employment Division v. Smith

Tuesday, April 17, 1990 All day

Neutral laws of general applicability do not violate the Free Exercise Clause. Decided April 17, 1990 (argued November 6, 1989). Opinion of the Court: Antonin Scalia → go there Dissenting: Blackmun. Applied: the First Amendment → go there Applied: the Fourteenth Amendment → go there Topic: Freedom of religion. Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990), is a landmark decision of the United States Supreme Court, where the Court held that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote even though the use of the drug was part of a religious ritual. Although states have the power to accommodate otherwise illegal acts performed in pursuit of religious beliefs, they are not required to do so. Wiki link

⚖️ Employment Division v. Smith