Episode notes
Employment Division v. Smith, 494 U.S. 872 (1990)
Full notes and cites: https://opinion-of-the-court.pages.dev/ep/026-employment-division-v-smith
Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep494/usrep494872/usrep494872.pdf
Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice.
Alfred Smith and Galen Black worked as counselors at a private drug rehabilitation organization in Oregon. They ingested peyote at a ceremony of the Native American Church, of which both were members, and were fired. Oregon then denied them unemployment benefits because they had been dismissed for work-related misconduct, and peyote possession was a crime in Oregon.
Justice Scalia, for the majority, held that the Free Exercise Clause does not excuse anyone from complying with a valid, neutral law of general applicability. Requiring a compelling government interest for every such law, he wrote, would make each conscience a law unto itself.
Justice O'Connor concurred only in the judgment and defended strict scrutiny. Justice Blackmun, joined by Justices Brennan and Marshall, dissented. The backlash was bipartisan: Congress passed the Religious Freedom Restoration Act in 1993 almost unanimously, and several current justices have questioned whether Smith should survive.
Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website.
Cases named aloud
- Thomas v. Review Bd. of Indiana Employment Security Div., 450 U.S. 707 (1981) [as printed: Thomas v. Review Bd. of Indiana Employment Security Div., supra; Opinion of the Court (Justice Scalia Justice O’Connor)] (episode link pending)
- Sherbert v. Verner, 374 U.S. 398 (1963) at 412 (Douglas, J., concurring) [as printed: Sherbert v. Verner, 374 U. S. 398, 412 (1963) (Douglas, J., concurring); Opinion of the Court (Justice Scalia Justice O’Connor)] episode
- Dept. of Human Resources of Oregon v. Smith, 485 U.S. 660 (1988) [as printed: Dept. of Human Resources of Ore. v. Smith, 485 U. S. 660 (1988); Opinion of the Court (Justice Scalia Justice O’Connor)] (episode link pending)
- Hobbie v. Unemployment Appeals Comm’n of Florida, 480 U.S. 136 (1987) [as printed: Hobbie, supra; Opinion of the Court (Justice Scalia Justice O’Connor)] (episode link pending)
- United States v. Ballard, 322 U.S. 78 (1944) at 86-88 [as printed: United States v. Ballard, 322 U. S. 78, 86-88 (1944); Opinion of the Court (Justice Scalia Justice O’Connor)] (episode link pending)
- McDaniel v. Paty, 435 U.S. 618 (1978) [as printed: McDaniel v. Paty, 435 U. S. 618 (1978); Opinion of the Court (Justice Scalia Justice O’Connor)] (episode link pending)
- Fowler v. Rhode Island, 345 U.S. 67 (1953) at 69 [as printed: Fowler v. Rhode Island, 345 U. S. 67, 69 (1953); Opinion of the Court (Justice Scalia Justice O’Connor)] (episode link pending)
- Minersville School Dist. Bd. of Ed. v. Gobitis, 310 U.S. 586 (1940) [as printed: Minersville School Dist. v. Gobitis, 310 U. S. 586 (1940); Opinion of the Court (Justice Scalia Justice O’Connor)] episode
(+35 more named aloud; see the website)
Full list of 273 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/026-employment-division-v-smith