Free Exercise Class Flashcards
Sherbert v. Verner (1963)
A woman that worked in a factory, could not attend work on Saturdays because she was Seventh Day Adventist and she was fired for missing every Saturday of work, she filed for unemployment and was denied benefits. The Supreme Court ruled denying Sherbert’s claim was an unconstitutional burden on the free exercise of her religion. The Sherbert test was created: consists of four criteria that are used to determine if an individual’s right to religious free exercise has been violated by the government. For the individual, the court must determine whether the person has a claim involving a sincere religious belief, and whether the government action is a substantial burden on the person’s ability to act on that belief. If these two elements are established, then the government must prove that it is acting in furtherance of a “compelling state interest,” and that it has pursued that interest in the manner least restrictive, or least burdensome, to religion.
Reynolds v. U.S. (1879)
It involved a Mormon practice of polygamy. In 1874, Congress outlawed polygamy, meaning George Reynolds violated the law after marrying a second wife. He believed his right was reserved under the free exercise clause. Supreme Court ruled that religious duty was not a defense to a criminal indictment
Wisconsin v. Yoder (1972)
In 1972, Wisconsin had a law that children had to attend school until the age of 16. The Amish, however, did not permit their children to attend school after 8th grade because they thought it would negatively affect their children. The Supreme Court ruled that that Amish children could not be placed under compulsory education past 8th grade. The parents’ fundamental right to freedom of religion outweighed the state’s interest in educating its children. The case is often cited as a basis for parents’ right to educate their children outside of traditional private or public schools.
Oregon v. Smith (1990)
Two men were fired from their jobs from using an illegal substance known as peyote, however, it was used during a religious ritual at the Native American Church. Since it is used for religious purposes, the states do not deem it illegal when used in that sense. The two men filed for unemployment and was denied because they were fired for drug use. Supreme Court ruled that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was part of a religious ritual.
