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Employment Div. Vs. Smith

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  • US Supreme Court
  • Apr 27, 1988

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66 entries 7 linked 59 unlinked
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  1. Sherbert Vs. Verner US Supreme Court · Jun 17, 1963
  2. Jacobson Vs. Massachusetts US Supreme Court · Feb 20, 1905
  3. Prince Vs. Massachusetts US Supreme Court · Jan 31, 1944
  4. Weinberger Vs. Wiesenfeld US Supreme Court · Mar 19, 1975
  5. Cantwell Vs. Connecticut US Supreme Court · May 20, 1940
  6. Torcaso Vs. Watkins US Supreme Court · Jun 19, 1961
  7. Stone Vs. Graham US Supreme Court · Nov 17, 1980
  8. U.S. 660 (1988) U.S. Supreme Court Employment Div. v. Smith
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  9. U.S. 660 (1988) Employment Division, Department of Human Resources of the State of Oregon v. Smith
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  10. The State Supreme Court affirmed, reasoning that, although the benefits denials were proper under Oregon law, Sherbert v. Verner
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  11. U. S. 398 , and Thomas v. Review
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  12. since that question is relevant to the federal constitutional analysis. Although Sherbert, Thomas, and Hobbie v. Unemployment
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  13. P.2d 445, 448-449 (1986). Turning to the federal issue, the court reasoned that our decisions in Sherbert v. Verner
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  14. U. S. 398 (1963), and Page 485 U. S. 666 Thomas v. Review
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  15. Id. at 374 U. S. 404 . In Sherbert, as in Thomas and Hobbie v. Unemployment
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  16. have held that bigamy may be forbidden, even when the practice is dictated by sincere religious convictions. Reynolds v. United
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  17. see Hobbie, 480 U.S. at 480 U. S. 142 (quoting Wisconsin v. Yoder
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  18. within the meaning of the predecessor statute, State v. Downes
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  19. is not now appropriate for us to decide whether the practice is protected by the Federal Constitution. See Ashwander v. TVA
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  20. Together with No. 86-947, Employment Division, Department of Human Resources of the State of Oregon, et al. v. Black
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  21. The Oregon Supreme Court stated in Sterling v. Cupp
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  22. State v. Soto
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  23. government and several states exempt the religious use of peyote through caselaw, statute or regulation. See State v. Whittingham
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  24. People v. Woody
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  25. Whitehorn v. State
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  26. Ore. 221, 225-227, 721 P.2d 451, 453-454 (1986), quoting People v. Woody
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  27. In Sherbert v. Verner
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  28. was discharged because she would not work on Saturday, the Sabbath Day of her faith. When the petitioner in Thomas v. Review
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  29. because his religious beliefs prevented him from participating in the production of war materials. And in Hobbie v. Unemployment
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  30. Free Exercise Clause stands tightly closed against any governmental regulation of religious beliefs as such, Cantwell v. Connecticut
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  31. U. S. 296 , 310 U. S. 303 . Government may neither compel affirmation of a repugnant belief, Torcaso v. Watkins
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  32. or discriminate against individuals or groups because they hold religious views abhorrent to the authorities, Fowler v. Rhode
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  33. nor employ the taxing power to inhibit the dissemination of particular religious views, Murdock v. Pennsylvania
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  34. Follett v. McCormick
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  35. Grosjean v. American
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  36. is not totally free from legislative restrictions.' Braunfeld v. Brown
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  37. so regulated have invariably posed some substantial threat to public safety, peace or order. See, e.g., Reynolds v. United
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  38. Cleveland v. United
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  39. the denial of unemployment benefits, found the State's interest indistinguishable from those asserted in Sherbert v. Verner
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  40. U. S. 398 , 374 U. S. 403 (1963), and Thomas v. Review
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  41. cases, it held that the denial violated respondents' First Amendment right to exercise their religion freely. Smith v. Employment
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  42. Black v. Employment
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  43. at 374 U. S. 403 (citation omitted). In Thomas, supra, and again as recently as last Term, see Hobbie v. Unemployment
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  44. scrutiny, blindly accept the interest that the State asserts in court. See, e.g., Mississippi University for Women v. Hogan
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  45. Hampton v. Mow
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  46. court determination that a state legislature was actually motivated by a particular validating purpose, see Stone v. Graham
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  47. U.S. Supreme Court Employment Div. v. Smith
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  48. Employment Division, Department of Human Resources of the State of Oregon v. Smith
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  49. and Thomas v. Review
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  50. Although Sherbert, Thomas, and Hobbie v. Unemployment
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