The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, April 24, 1963
Decision: Monday, June 17, 1963
Issues: First Amendment, Free Exercise of Religion
Categories: first amendment, freedom of religion, labor, states

Advocates

William D. Donnelly (Argued the cause for the appellant)
Daniel R. McLeod (Argued the cause for the appellees)

Facts of the Case

Adeil Sherbert, a member of the Seventh-day Adventist Church, was fired from her job after she refused to work on Saturday, the Sabbath Day of her faith. The South Carolina Employment Security Commission denied her benefits, finding unacceptable her religious justification for refusing Saturday work.

Question

Did the denial of unemployment compensation violate the First and Fourteenth Amendments?

Conclusion

Yes. The Court held that the state's eligibility restrictions for unemployment compensation imposed a significant burden on Sherbert's ability to freely exercise her faith. Furthermore, there was no compelling state interest which justified such a substantial burden on this basic First Amendment right.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 7 votes for Sherbert, 2 vote(s) against
Legal Provision: Free Exercise of Religion
Voted with the majority
Warren
Voted with the majority
Black
Wrote a special concurrence
Douglas
Voted with the majority
Clark
Wrote a dissent
Harlan
Wrote the majority opinion
Brennan
Wrote a special concurrence
Stewart
Voted with the minority, joined Harlan's dissent
White
Voted with the majority
Goldberg
Full Opinion by Justice William J. Brennan, Jr.

Cite this page

The Oyez Project, Sherbert v. Verner, 374 U.S. 398 (1963),
available at: <http://www.oyez.org/cases/1960-1969/1962/1962_526/>
(last visited ).