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EMPLOYMENT DIV., DEPT. OF HUMAN RES. OF OREGON v. SMITH

No. 88-1213.

494 U.S. 872 (1990)

110 S.Ct. 1595

108 L.Ed.2d 876

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

Supreme Court of United States.

Decided April 17, 1990

Attorney(s) appearing for the Case

Dave Frohnmayer, Attorney General of Oregon, argued the cause for petitioners. With him on the briefs were James E. Mountain, Jr., Deputy Attorney General, Virginia L. Linder, Solicitor General, and Michael D. Reynolds, Assistant Solicitor General.

Craig J. Dorsay argued the cause and filed briefs for respondents.*

JUSTICE SCALIA delivered the opinion of the Court.

This case requires us to decide whether the Free Exercise Clause of the First Amendment permits the State of Oregon to include religiously inspired peyote use within the reach of its general criminal prohibition on use of that drug, and thus permits the State to deny unemployment benefits to persons dismissed from their jobs because of such religiously inspired use.

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