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Employment Division

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Submitted By mariahmccrea
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Employment Division V. Smith (1990)

Brief Fact Summary
The Respondent, Smith (Respondent), sought unemployment compensation benefits after he was fired from his job for using peyote in a religious ceremony. The Oregon Supreme Court ruled that the Respondent should be awarded unemployment compensation as his right to free exercise of religion was violated. The Petitioner, the Employment Division, Department of Human Resources (Petitioner), appeal the case.
The right of free exercise does not relive an individual of the obligation to comply with a valid and neutral law of general applicability on the ground that the law makes criminal conduct that his religion proscribes.
Whether a statute, which prohibits the use of religiously inspired peyote and denies unemployment benefits to those who have been dismissed from their job because of this use of peyote violates the Free Exercise Clause of the First Amendment of the United States Constitution.

Ruling:
The Free Exercise Clause of the First Amendment of the Constitution prohibits government interference with religious beliefs, but it generally does not prohibit regulation of conduct. If the governmental action regulates general conduct, including religious conduct it is valid. The Free Exercise Clause of the First Amendment of the Constitution does not require religious exemption from generally applicable governmental regulations that happen to burden religious conduct.
6(employment)-3(against)
Opinion:
In my opinion The Employment Division was right because they were not be prejudices towards any religion. The state of Oregon had it as state law for everyone. Thus, the first amendment prohibits government interference with the state law.

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