Employment Division

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Employment Division of Oregon V. Smith
By Cadet Andrew
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• Employment Division v. Smith, 494 U.S. 872
  (1990), is a United States Supreme Court case
  that determined that the state could fire persons
  for violating a state prohibition on the use of
  peyote, even though the use of the drug was part
  of a religious ritual.

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Peyote

• The Plaintiffs, Alfred Smith and Galen Black,
  were Native Americans who were fired from their
  jobs as counselors for a private drug
  rehabilitation organization because they had
  ingested peyotea powerful hallucinogenas part
  of their religious ceremonies as members of the
  Native American Church.

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Refusal Of The Court

• The counselors filed a claim for unemployment
  compensation, which was denied because the reason
  for their dismissal was deemed work-related
  "misconduct." The plaintiffs appealed the court
  decisions upholding the refusal of benefits to
  the United States Supreme Court.

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• The decision affirmed that U.S. States may
  enforce laws that have the incidental effect of
  interfering with the ability of residents to
  engage in religious practices. Although states
  have the power to accommodate otherwise illegal
  acts done in pursuit of religious beliefs, they
  are not required to do so.

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THE END!