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The United States Supreme Court held in Employment Division v. Smith (1990) that generally applicable laws based on neutral criteria do not violate the Free Exercise Clause, even if they have the incidental effect of burdening a particular religious practice.
In this case, two members of the Native American Church were fired from their jobs at a drug rehabilitation center because they used peyote in religious ceremonies. They filed a lawsuit against the state of Oregon, arguing that their termination violated the Free Exercise Clause of the First Amendment.
The Supreme Court ruled against the plaintiffs. The court held that the state’s law prohibiting the use of peyote was a neutral law of general applicability that did not target religious practices. The court also held that the state had a compelling interest in preventing the use of illegal drugs.
Employment Division v. Smith
Important points about the Employment Division v. Smith Supreme Court case:
- Neutral laws of general applicability
- Compelling government interest
- Free Exercise Clause protection
The Court held that the state’s law prohibiting the use of peyote was a neutral law of general applicability that did not target religious practices. The Court also held that the state had a compelling interest in preventing the use of illegal drugs. Therefore, the state’s law did not violate the Free Exercise Clause of the First Amendment.
Neutral laws of general applicability
A neutral law of general applicability is a law that applies to everyone equally, regardless of their religious beliefs. These laws are designed to protect public health, safety, and order, and they do not single out any particular religion for disfavor.
In Employment Division v. Smith, the Supreme Court held that the state’s law prohibiting the use of peyote was a neutral law of general applicability. The Court found that the law was not directed at religious practices, but rather at the use of a controlled substance. The Court also found that the law was not motivated by hostility toward religion.
The Court’s decision in Employment Division v. Smith has been controversial. Some people argue that the decision goes too far in allowing the government to restrict religious practices. Others argue that the decision is necessary to protect the government’s ability to enact laws that are essential to public health and safety.
The Court’s decision in Employment Division v. Smith has been applied in a number of other cases involving religious freedom. For example, in City of Boerne v. Flores (1997), the Court held that a zoning law that prevented a church from expanding its facilities was a neutral law of general applicability. In Cutter v. Wilkinson (2005), the Court held that a law requiring inmates to shave their beards was a neutral law of general applicability, even though it burdened the religious beliefs of some inmates.
The Court’s decision in Employment Division v. Smith has been criticized by some legal scholars, who argue that it gives the government too much power to restrict religious practices. However, the decision remains the law of the land, and it is likely to continue to be applied in future cases involving religious freedom.
The Employment Division v. Smith case is a landmark decision that has had a significant impact on the law of religious freedom in the United States. The case has been cited in numerous other cases involving religious freedom, and it is likely to continue to be a source of debate for years to come.
Compelling government interest
A compelling government interest is a governmental interest of the highest order that justifies the infringement of a fundamental right. In order to pass strict scrutiny, the government must show that the law is necessary to achieve the compelling interest and that it is narrowly tailored to achieve that interest.
- Public health and safety
The government has a compelling interest in protecting the public’s health and safety. This interest can justify laws that restrict religious practices, such as laws that prohibit the use of illegal drugs or that require people to be vaccinated.
- National security
The government has a compelling interest in protecting national security. This interest can justify laws that restrict religious practices, such as laws that prohibit people from engaging in espionage or that require people to undergo security checks.
- Public order
The government has a compelling interest in maintaining public order. This interest can justify laws that restrict religious practices, such as laws that prohibit people from engaging in riots or that require people to obtain a permit before holding a public assembly.
- Preservation of government functions
The government has a compelling interest in preserving its ability to function effectively. This interest can justify laws that restrict religious practices, such as laws that prohibit government employees from engaging in religious discrimination or that require government contractors to comply with certain ethical standards.
The government’s compelling interest must be balanced against the individual’s right to free exercise of religion. In Employment Division v. Smith, the Court found that the government’s interest in preventing the use of illegal drugs was a compelling interest that justified the state’s law prohibiting the use of peyote, even though the law burdened the religious practices of some Native Americans.
Free Exercise Clause protection
The Free Exercise Clause of the First Amendment to the United States Constitution protects the right of individuals to hold and practice their religious beliefs without government interference. This protection extends to both religious beliefs and religious practices.
- Freedom to believe
The Free Exercise Clause protects the right of individuals to hold any religious beliefs, even if those beliefs are unpopular or unorthodox. The government may not compel individuals to adopt or abandon any particular religious belief.
- Freedom to practice
The Free Exercise Clause protects the right of individuals to practice their religion in accordance with their beliefs. This includes the right to engage in religious rituals, ceremonies, and practices, as well as the right to teach and disseminate religious beliefs.
- Government neutrality
The Free Exercise Clause requires the government to remain neutral toward religion. The government may not favor one religion over another, and it may not discriminate against individuals based on their religious beliefs or practices.
- Accommodation of religion
In some cases, the government may be required to accommodate religious practices that conflict with generally applicable laws. For example, the government may be required to provide a religious exemption to a law that prohibits certain activities on a particular day if the activity is required by a person’s religion.
The Free Exercise Clause is not absolute. The government may restrict religious practices in order to protect public health, safety, and order. However, the government may only do so if it can show that the restriction is necessary to achieve a compelling government interest and that it is narrowly tailored to achieve that interest.
In Employment Division v. Smith, the Court held that the state’s law prohibiting the use of peyote was a neutral law of general applicability that did not target religious practices. The Court also held that the state had a compelling interest in preventing the use of illegal drugs. Therefore, the Court held that the state’s law did not violate the Free Exercise Clause of the First Amendment.
FAQ
Introduction:
The following are frequently asked questions about the Supreme Court case Employment Division v. Smith.
Question 1: What was the legal issue in Employment Division v. Smith?
Answer: The legal issue in Employment Division v. Smith was whether a state law prohibiting the use of peyote violated the Free Exercise Clause of the First Amendment.
Question 2: What were the facts of the case?
Answer: Two Native American men were fired from their jobs at a drug rehabilitation center because they used peyote in religious ceremonies. They filed a lawsuit against the state of Oregon, arguing that their termination violated the Free Exercise Clause.
Question 3: What was the Court’s holding?
Answer: The Court held that the state’s law prohibiting the use of peyote was a neutral law of general applicability that did not target religious practices. The Court also held that the state had a compelling interest in preventing the use of illegal drugs. Therefore, the Court held that the state’s law did not violate the Free Exercise Clause of the First Amendment.
Question 4: What is a neutral law of general applicability?
Answer: A neutral law of general applicability is a law that applies to everyone equally, regardless of their religious beliefs. These laws are designed to protect public health, safety, and order, and they do not single out any particular religion for disfavor.
Question 5: What is a compelling government interest?
Answer: A compelling government interest is a governmental interest of the highest order that justifies the infringement of a fundamental right. In order to pass strict scrutiny, the government must show that the law is necessary to achieve the compelling interest and that it is narrowly tailored to achieve that interest.
Question 6: How does Employment Division v. Smith impact religious freedom in the United States?
Answer: Employment Division v. Smith has made it more difficult for individuals to assert religious freedom claims in court. The Court’s decision has been criticized by some legal scholars, who argue that it gives the government too much power to restrict religious practices.
Closing Paragraph:
The Supreme Court’s decision in Employment Division v. Smith is a complex and controversial ruling that has had a significant impact on the law of religious freedom in the United States. The case continues to be cited in numerous other cases involving religious freedom, and it is likely to continue to be a source of debate for years to come.
Transition paragraph:
In addition to the information provided in the FAQ, here are some additional tips for understanding Employment Division v. Smith:
Tips
Introduction:
Here are some practical tips for understanding Employment Division v. Smith:
Tip 1: Understand the legal issue.
The legal issue in Employment Division v. Smith was whether a state law prohibiting the use of peyote violated the Free Exercise Clause of the First Amendment. It is important to understand this legal issue in order to understand the Court’s decision.
Tip 2: Be familiar with the facts of the case.
The facts of Employment Division v. Smith are important because they provide context for the Court’s decision. Be sure to understand the facts of the case before reading the Court’s opinion.
Tip 3: Read the Court’s opinion carefully.
The Court’s opinion in Employment Division v. Smith is complex and nuanced. It is important to read the opinion carefully and to pay attention to the Court’s reasoning.
Tip 4: Consider the implications of the decision.
Employment Division v. Smith has had a significant impact on the law of religious freedom in the United States. Consider the implications of the decision for religious freedom and for the relationship between religion and government.
Closing Paragraph:
By following these tips, you can gain a better understanding of Employment Division v. Smith and its impact on the law of religious freedom in the United States.
Transition paragraph:
Employment Division v. Smith is a complex and controversial case that has had a significant impact on the law of religious freedom in the United States. By understanding the legal issue, the facts of the case, the Court’s opinion, and the implications of the decision, you can gain a better understanding of this important case.
Conclusion
Summary of Main Points:
Employment Division v. Smith is a landmark Supreme Court case that has had a significant impact on the law of religious freedom in the United States. The case involved a challenge to a state law that prohibited the use of peyote, a drug that is used in religious ceremonies by some Native Americans. The Court held that the law was a neutral law of general applicability that did not target religious practices, and that the state had a compelling interest in preventing the use of illegal drugs. Therefore, the Court held that the law did not violate the Free Exercise Clause of the First Amendment.
Closing Message:
The decision in Employment Division v. Smith has been controversial, and it has been criticized by some legal scholars who argue that it gives the government too much power to restrict religious practices. However, the decision remains the law of the land, and it is likely to continue to be a source of debate for years to come.
Employment Division v. Smith is a complex case that raises important questions about the relationship between religion and government. The case highlights the tension between the government’s interest in protecting public health and safety and the individual’s right to free exercise of religion. The Court’s decision in Employment Division v. Smith has made it more difficult for individuals to assert religious freedom claims in court, but it remains to be seen how the decision will be applied in future cases.