Employment Div., Dept. of Human Resources of Ore. v. Smith
Supreme Court of the United States
1Opinion of the CourtJustice Scalia
This case requires us to decide whether the Free Exercise Clause of the First Amendment permits the State of Oregon to include religiously inspired peyote use within the reach of its general criminal prohibition on use of that drug, and thus permits the State to deny unemployment benefits to persons dismissed from their jobs because of such religiously inspired use.
I
Oregon law prohibits the knowing or intentional possession of a “controlled substance” unless the substance has been prescribed by a medical practitioner. Ore. Rev. Stat. §475.992(4) (1987). The law defines “controlled substance”…
Also in this document: Concurring in the judgment; Dissent.
2Cases cited73 opinions
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
- United States v. O'BrienSupreme Court of the United States · 1968
- Washington v. DavisSupreme Court of the United States · 1976
- Wisconsin v. YoderSupreme Court of the United States · 1972
- Pierce v. Society of SistersSupreme Court of the United States · 1925
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3Cited by2,423 opinions
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- Church of the Lukumi Babalu Aye, Inc. v. City of HialeahSupreme Court of the United States · 1993
- Kay v. BemisCourt of Appeals for the Tenth Circuit · 2007
- Cutter v. WilkinsonSupreme Court of the United States · 2005
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