Free Exercise: A "Hollow Promise" for the Native American in Employment Division, Department of Human Resources of Oregon v. Smith

Authors

Debra Ann Mermann

Publication Date

7-1991

Document Type

Casenote

Abstract

In Employment Division, Department of Human Resources of Oregon v. Smith, the United States Supreme Court held that a state criminal prohibition of the use of peyote by bona fide members of the Native American Church and a subsequent denial of unemployment benefits upon their discharge for such use does not violate the free exercise clause of the first amendment of the United States Constitution. The Court determined that Oregon's prohibition of the sacramental use of peyote was a "generally applicable criminal law" and ruled that the "compelling interest" test which ordinarily applies when a state imposes a substantial burden on religious practices does not apply to general criminal prohibitions of specific conduct.

Recommended Citation

Mermann, Debra Ann (1991) "Free Exercise: A "Hollow Promise" for the Native American in Employment Division, Department of Human Resources of Oregon v. Smith," Mercer Law Review: Vol. 42: No. 4, Article 17.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol42/iss4/17