Employment Division v. Smith

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Oral Argument
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Advocates
William F. Gary (Deputy Attorney General of Oregon, argued the cause for petitioners)
Suanne Lovendahl (argued the cause for the respondents)
Case Basics
Docket No.: 
86-946
Petitioner: 
Employment Division, Department of Human Resources of the State of Oregon et al.
Respondent: 
Alfred Smith
Consolidation: 
No. 86-947, Employment Division, Department of Human Resources of the State of Oregon, et al. v. Black
Opinion: 
485 U.S. 660 (1988)

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)
Facts of the Case: 

Alfred Smith and Galen Black worked at a private drug rehabilitation clinic. The clinic fired them because they used a hallucinogenic drug called peyote for religious purposes while worshipping at their Native American Church. The Oregon Employment Division denied them unemployment compensation because it deemed they were fired for work-related "misconduct." The Oregon Court of Appeals ruled that this violated their religious free exercise rights provided by the First Amendment. The Oregon Supreme Court reversed.

Question: 

Can a state deny unemployment benefits to a worker fired for using prohibited drugs for religious purposes?

Conclusion: 

Undecided. Justice John Paul Stevens delivered the opinion for a 5-3 court. The Court instructed the Oregon Supreme Court to determine whether peyote usage for religious purposes is prohibited under Oregon law, or only by the employer. The Court required this information to consider the constitutionality of the denial of benefits.

Decisions

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

Sort by Seniority

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

Full Opinion by Justice John Paul Stevens