Transcript:
Argument of Speaker
Mr. Speaker: The opnions of the Court in No. 85-993, Hobbie versus Unemployment Appeals Commission of Florida, No. 85-999 United States against Paradise will be announced by Justice Brennan.
Argument of Justice Brennan
Mr. Brennan: First of these cases, Hobbie versus Unemployment Commission, is here on appeal from the Florida District Court of Appeals.
Appellant Hobbie was an employee of appellee Lawton and Company a Florida jeweler.
Hobbie's work schedule required that she work on Saturdays, but after she had been working for a while she became a convert to the Seventh-day Adventist Church, and informed her employer that she could no longer work on Saturdays, the Sabbath of the Adventist Church.
Appellee, Lawton and Company, there upon discharged her.
Hobbie filed a claim for unemployment compensation with the Florida Department of Labor and Employment Security.
The claim was denied on the ground that the Florida statute disqualified her for benefits because under that statute, her discharge was for misconduct connected with her work.
The Florida Fifth District Court of Appeals summarily affirmed rejecting Hobbie's contention that her disqualification of unemployment compensation, violated the Free Exercise Clause of the First Amendment.
We noted probable jurisdiction and we now reverse.
We hold that reversal is required under our decisions in Sherbert v. Verner decided in 1963, and Thomas v. Review Board decided in 1984.
In Sherbert, we considered South Carolina's denial of unemployment compensation to a Sabbatarian of the Adventist faith, like Hobbie who was used to work on a Saturdays.
We held in the Sherbert that the denial violated Sherbert's constitutional right to free exercise of her religion because of forced down to choose between following a precepts of her religion, and forfeiting benefits and the one hand and the bundling one of the precepts of her religion in order to accept work on the other.
Governmental imposition of such a choice puts the same kind of burden upon the exercise of religion as would a fine imposed against her for her Saturday worship.
Justice Powell and Justice Stevens have filed opinion concurring in the judgment; the Chief Justice has filed a dissenting opinion.
