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Employment Division v. Smith

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Oral Argument
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Advocates
William F. Gary (on behalf of the Petitioners)
Suanne Lovendahl (on behalf of the Respondent)
Case Basics
Docket No.: 
86-946
Petitioner: 
Employment Division
Respondent: 
Smith
Consolidation: 
No. 86-947
Heard By: 
Rehnquist Court (1987-1988)
Decided By: 
Rehnquist Court (1988-1990)
Opinion: 
485 U.S. 660 (1988)
Argued: 
Tuesday, December 8, 1987
Decided: 
Wednesday, April 27, 1988
Issues: 
First Amendment, Free Exercise of Religion; Judicial Power, Remand to Determine Basis of State Court Decision

Cite this page
The Oyez Project, Employment Division v. Smith , 485 U.S. 660 (1988)
available at: (http://oyez.org/cases/1980-1989/1987/1987_86_946)
(last visited Saturday, July 4, 2009).
Facts of the Case: 

None

Question: 

None

Conclusion: 

None

Decisions

Decision: 5 votes for Employment Division, 3 vote(s) against
Legal provision: Free Exercise of Religion

Sort by Ideology

Voted with the majority
Rehnquist
Wrote a dissent
Brennan
Voted with the majority
White
Voted with the minority, joined Brennan's dissent
Marshall
Voted with the minority, joined Brennan's dissent
Blackmun
Wrote the majority opinion
Stevens
Voted with the majority
O'Connor
Voted with the majority
Scalia
Did not participate
Kennedy

Full Opinion by Justice John Paul Stevens