Employment division v. Smith, 494 U.S 872 - 1609 Words

Employment Division v. Smith, 494 U.S. 872 (1990) A rehabilitation clinic dismissed two drug rehabilitation counselors for using peyote in a religious ceremony. The two counselors, including Smith, sought unemployment benefits. Possessing peyote is a criminal offense in the State of Oregon. The rehabilitation clinic denied the counselors unemployment on grounds of misconduct. Smith filed suit again the clinic. The Oregon Supreme Court overruled the rehabilitation clinic’s verdict. The court stated that Smith’s religious use of peyote was protected under the First Amendments freedom of religion. The Employment Division, Department of Resources appealed the case to the United States Supreme Court on the grounds that possession and†¦show more content†¦The rehabilitation clinic employees were dismissed from their jobs and employment benefits were denied because Oregon’s legislature bans consumption and possession of illegal substances. In addition, the laws do not target a specific religious group; th erefore, the law is generally applicable and neutral. Justices O’Connor concurred in the judgment; however, she did not completely agree with the majorities reasoning. She believed it was ill-advised to not use the Sherbert Standard to evaluate the case. The Sherbert test includes a set of criteria to determine if the individual’s freedoms of religion rights have been violated by the government. However; based on the Sherbert standard, Oregon had the right to refuse to grant an exemption to the law because of the compelling interest in prohibiting illegal drug use. She expressed the view, laws that prohibit or interferes with a person’s religious worship is a violation of the free exercise of religion. Due to the majorities’ opinions, this case essentially invalidated the Sherbert test. Justices Blackman, Brenna, and Marshall dissented and expressed the view that according to the Sherbert standard, Oregon should have made an exemption for the religious use of peyote as not to obstruct the counselors’ right to the free exercise ofShow MoreRelatedIs Peyote A Spirit, And A Gift From God Who They Call The Great Spirit?1396 Words   |  6 Pagesuse. The magician was said to be happy to try anything at least once. He included peyote in his arsenal of drugs. Some people believe that Crowley s religious philosophy of Thelema was inspired while he was using peyote. Legal Laws Peyote in the U.S in considered being a schedule 1 drug. The DEA puts it on the list with other drugs such as Heroin, LSD, MDMA, Bath salts, and to my surprise marijuana. 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