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Employment Div. Vs. Smith.

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  • US Supreme Court
  • Apr 17, 1990

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75 entries 8 linked 67 unlinked
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  1. WisconsIn Vs. Yoder US Supreme Court · May 15, 1972
  2. Sherbert Vs. Verner US Supreme Court · Jun 17, 1963
  3. Murdock Vs. Pennsylvania US Supreme Court · May 03, 1943
    Relied / Followed
  4. Cantwell Vs. Connecticut US Supreme Court · May 20, 1940
    Distinguished
  5. Torcaso Vs. Watkins US Supreme Court · Jun 19, 1961
  6. Mcdaniel Vs. Paty US Supreme Court · Apr 19, 1978
  7. Larson Vs. Valente US Supreme Court · Apr 21, 1982
  8. Wooley Vs. Maynard US Supreme Court · Apr 20, 1977
  9. U.S. 872 (1990) U.S. Supreme Court Employment Div. v. Smith
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  10. U.S. 872 (1990) Employment Division, Department of Human Resources of Oregon v. Smith
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  11. constitutional as applied to those who engage in the specified act for nonreligious reasons. See, e.g., Reynolds v. United
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  12. but that Clause in conjunction with other constitutional Page 494 U. S. 873 protections. See, e.g., Cantwell v. Connecticut
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  13. from the Oregon law cannot be evaluated under the balancing test set forth in the line of cases following Sherbert v. Verner
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  14. judges in an impermissible inquiry into the centrality of particular beliefs or practices to a faith. Cf. Hernandez v. Commissioner
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  15. justify the burden that disqualification imposed on respondents' religious practice. Citing our decisions in Sherbert v. Verner
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  16. U. S. 398 (1963), and Thomas v. Review
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  17. U. S. 707 (1981), the court concluded that respondents were entitled to payment of unemployment benefits. Smith v. Employment
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  18. Employment Div., Dept. of Human Resources of Oregon v. Smith
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  19. certiorari. 489 U.S. 1077 (1989). II Respondents' claim for relief rests on our decisions in Sherbert v. Verner
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  20. Thomas v. Review
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  21. Board, Indiana Employment Security Div., supra, and Hobbie v. Unemployment
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  22. applicable to the States by incorporation into Page 494 U. S. 877 the Fourteenth Amendment, see Cantwell v. Connecticut
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  23. U.S. at 374 U. S. 402 . The government may not compel affirmation of religious belief, see Torcaso v. Watkins
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  24. U. S. 488 (1961), punish the expression of religious doctrines it believes to be false, United States v. Ballard
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  25. U. S. 86 -88 (1944), impose special disabilities on the basis of religious views or religious status, see McDaniel v. Paty
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  26. Fowler v. Rhode
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  27. Larson v. Valente
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  28. or lend its power to one or the other side in controversies over religious authority or dogma, see Presbyterian Church v. Hull
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  29. Serbian Eastern Orthodox Diocese v. Milivojevich
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  30. applicable and otherwise valid provision, the First Amendment has not been offended. Compare Citizen Publishing Co. v. United
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  31. States, 394 U. S. 131 , 139 (1969) (upholding application of antitrust laws to press), with Grosjean v. American
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  32. Minneapolis Star & Tribune Co. v. Minnesota
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  33. contradicts that proposition. As described succinctly by Justice Frankfurter in Minersville School Dist. Bd. of Educ. v. Gobitis
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  34. Footnote omitted.) We first had occasion to assert that principle in Reynolds v. United
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  35. United States v. Lee
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  36. Minersville School Dist. Bd. of Educ. v. Gobitis
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  37. supra, 310 U.S. at 310 U. S. 595 (collecting cases). In Prince v. Massachusetts
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  38. Id. at 321 U. S. 171 . In Braunfeld v. Brown
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  39. the religious practices of persons whose religions compelled them to refrain from work on other days. In Gillette v. United
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  40. generally applicable regulatory law that compelled activity forbidden by an individual's religion was United States v. Lee
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  41. Id. at 455 U. S. 260 . Cf. Hernandez v. Commissioner
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  42. Clause in conjunction with other constitutional protections, such as freedom of speech and of the press, see Cantwell v. Connecticut
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  43. Follett v. McCormick
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  44. U. S. 573 (1944) (same), or the right of parents, acknowledged in Pierce v. Society
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  45. of Sisters, 268 U. S. 510 (1925), to direct the education of their children, see Wisconsin v. Yoder
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  46. compelled expression, decided exclusively upon free speech grounds, have also involved freedom of religion, cf. Wooley v. Maynard
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  47. West Virginia Board of Education v. Barnette
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  48. challenge on freedom of association grounds would likewise be reinforced by Free Exercise Clause concerns. Cf. Roberts v. United
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  49. Gillette v. United
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  50. a Page 494 U. S. 883 religious exemption must be evaluated under the balancing test set forth in Sherbert v. Verner
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