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EMPLOYMENT DIVISION v. SMITH

No. 86-946.

485 U.S. 660 (1988)

108 S.Ct. 1444

99 L.Ed.2d 753

EMPLOYMENT DIVISION, DEPARTMENT OF HUMAN RESOURCES OF THE STATE OF OREGON, ET AL. v. SMITH

Supreme Court of United States.

Decided April 27, 1988

Attorney(s) appearing for the Case

William F. Gary, Deputy Attorney General of Oregon, argued the cause for petitioners. With him on the briefs were Dave Frohnmayer, Attorney General of Oregon, Virginia L. Linder, Solicitor General, Michael D. Reynolds, Assistant Solicitor General, and Christine Chute, Assistant Attorney General.

Suanne Lovendahl argued the cause and filed a brief for respondents.†

JUSTICE STEVENS delivered the opinion of the Court.

Respondents are drug and alcohol abuse rehabilitation counselors who were discharged after they ingested peyote, a hallucinogenic drug, during a religious ceremony of the Native American Church. Both applied for and were denied unemployment compensation by petitioner Employment Division. The Oregon Supreme Court held that this denial, although proper as a matter of Oregon...

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